Is it Legal to Hire Only Non-Smokers? A Burning Question for Some Companies

Many states protect employees from discrimination based on legal activities outside the workplace, which includes smoking tobacco.

An exception could be when being a non-smoker is a crucial qualification specifically for a particular job. For example, the American Cancer Society could choose not to hire smokers, without violating anti-discrimination laws.

Currently, 28 states, plus the District of Columbia, protect smokers from hiring discrimination. California, Colorado, Connecticut, Illinois, Indiana, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada ,New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, Wisconsin, and Wyoming.

But before you decide not to hire a smoker, check with us first, or ask your payroll provider.