"No Smokers Need Apply" – Employment Discrimination Against Smokers - Federal law is silent when it comes to discrimination against employees who smoke cigarettes, cigars, or pipes at work. As a result, many companies establish policies allowing termination of employees or rejection of applicants who choose to smoke. Is it legal for my company to discriminate against smokers? Anti-smoking legislation is largely a product of state law and varies across jurisdictions. A majority of states protect workers against unwanted smoke in the workplace. Beyond establishing smoke-free workplaces (nearly 75% of companies sampled either prohibited smoking in the workplace or restricted it to designated areas), employers have a near absolute right to make employment decisions based on one's smoking habits.
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