I saw a job ad that said they were looking for a "Non-smoker." to work at their store. Is this legal?

rickinnocal

Depends on local law, and you didn't say where you are. In 'most' places it's legal.

In the US, just for example, most employers pay the bulk of the medical insurance premium for their employees. Since the premiums for smokers are a lot higher, it's reasonable for employers not to want to hire smokers.

Some States (Illinois and South Carolina that I know of) make it illegal to use the fact that you're a smoker to discriminate in hiring or promotion decisions - but even there they allow employers to 'pass on' the additional costs to the employee.

Richard

LauraSF

There are certain rights that are protected by federal and state governments, and employers aren't allowed to discriminate -- age, gender, race, etc. -- but the right to smoke isn't one of them. Certain jobs (for safety or other reasons) could validly require someone of a certain age. For example, you have to be 18 to serve alcohol. It's the employer's right to require you to be available for certain shifts, including weekends. Employers could require someone to be In good health especially if it's manual labor. A side note about smoking: many employers have discussed denying health insurance to smokers because they're more expensive in the long run, and employers are within their rights to tell employees they must quit smoking to remain on the health plan.

breetai

Depends on the state. In California it's illegal to not discriminate against smokers.

Joey J

Yeah it is 100% legal. It is just a preference that they have. They are not necessarily saying that they will not interview someone that is a smoker, but they are just letting you know ahead of time that your chances are slim because you are not what they are looking for. At least they are being considerate and not getting someone's hopes up.

taterbug5252

Well, its not technically their "Private Time" if they have to have a smoke break at work every 30 min. I think an employer can choose what kind of employee they want as long as it doesn't break any type of discrimination laws. Smoking, as far as I know is not considered a disability.

That_ blue_ eyed_ Irish_ lass

Yes it is legal..

They can not discriminate against Race, Color or Creed, Gender, Age over 21

Any thing else is strictly up to company policy

Son of Austin

In some states, it's illegal to discriminate against smokers --people who smoke on or off the job--in hiring or firing decisions. For example, it is specifically banned in the state of Illinois. Check your state's statutes, or say, in an added comment, what state you live in.

Valley R

That's CRAP !!!

Unfortunately I have started to see this also ... and I think it is just CRAP. But unfortunately I think it is too late for us (smokers) to do anything about it ... We should have stood up for our rights many years ago.

We are getting plowed over these days. You should see the designated smoking area at terminal 2 at Phoenix Sky Harbor Airport ... It's quite frankly INSULTING.

i didnt get hired at a dental office for reception because i smoked ciggs.

K_Alejandro

Yes. legal.

#1 smoking is a choice, not a characteristic. It is illegal to discriminate against people with characteristics, but smoking is just a habit. If the person wants the job, they can quit smoking. Just because this is difficult - since nicotine is highly addictive - is no reason to pretend that the tag of being a 'smoker' is something on the same plane as a gender or color of skin.

#2 - smoking is a proven health risk. Both for the individual who smokes and those around them. The government has seen fit to allow warnings directly on cigarette packages, which (in most countries) include warnings regarding second hand smoke, so at least in one way, the law accepts this fact. This could swing both ways - both that people in that workplace do not want to be exposed to cigarette smoke - but also that the person doesn't want someone who is going to be predisposed towards smoking type illnesses...

#3 - smoking is a safety hazard. Depending on the type of job (and the law would likely be specific on this point if there actually were jobs that had specific safety concerns versus those which don't), there could be real dangers... You specifically mention camping supplies. There are more than a few highly combustible products that can be found in a camping supplies store: from Propane cannisters to regular old kerosene. Just because these things are safely contained doesn't mean everyone feels the same level of safety.

To illustrate, I once worked in a garage/gas station. One day a co-worker was doing some work on a gas tank of an old VW bus on the lift. The other mechanics had left for the day and when an old gas hose failed due to cracking, gas spilled everywhere and got in his eyes. A quick call brought me running and 30 seconds later, I had the hose plugged, but we were both quite drenched with gasoline. A couple of minutes later, I was in the front shop and a customer wandered in off the street wanting to buy some smokes, brandishing a lit cigarette. He was more than 10 feet away from the gas pumps, so he felt fine about this, in spite of the signs, and told me how safe gasoline was, such that he could put out his cigarette on my gasoline drenched work shirt.

For him there was no danger. I knew that he was probably correct, but since I was the one wearing the shirt, I felt that it wasn't his right to decide how comfortable I should feel about him smoking a few feet away from me.

This principle would likely extend to a store owner - a gasoline drenched shirt is nothing compared to a store that may have a few dozen small propane tanks, several gallons of stove gas and probably made of wood. I'm sure that such a person would have the right to say no to a fire hazard on a regular work shift every couple of hours on smoke breaks, even if they were a little bit removed from the immediate area.

#4 - smoking is bad for productivity. If you have a look at 'industry' magazines, sooner or later you will find articles on 'productivity'. These will often remark on causes of lost time - time that the employer is paying, but the employee is not actually working. One item that frequently shows up is that employees that are smokers are notorious timewasters. They often overextend break time and take smoke breaks in addition to regular breaks which they sometimes feel are insignificant and don't 'count'... This can also affect employee morale if others don't get these benefits. Additionally, smokers are often affected by their addictions, with changing moods as their cravings start to kick in, which can affect customer relations as well as attentiveness. If the smoker decides to quit smoking, this is seldom something that doesn't impact the way they are at work.

Those are genuine reasons why smokers are a bad choice for employees and in most places are enough to allow for employers to have a choice.

lillardlane@yahoo.com

My Dad just died from Congestive Heart Failure. He was badly affected by second hand smoke from my grandmother and others. Second hand smoke kills people and I think all jobs should terminate smokers.

It is reasonable if the employer is contributing to a health insurance program simply because applicants that have made a choice to smoke can be expected to have greater risk of health conditions compared to those that choose not to smoke. (Ask any insurance company.)

Since it is a choice the applicant makes to smoke and subsequently become a higher health risk employers should also have the right to exercise choice in whether they hire smokers.

regf16

maybe its a fireworks store

bud68

I think the intent is no smoking while on the job.

Love Canada

Why wouldn't it be legal to insist on a non smoker, there are no smokers rights!

yumi_reiku

it depends on the job
obviously if its at like a hospital its legal to put non-smoker
ALL THE TIME

but if its just at like a store or sumthing then i think that the employee shuld be able to smoke just not at the store or on break

mirandac_805

I dont think so no... maybe if they are that picky you wouldnt want to work for them.

trooper3316

The over 21 and available weekends is legal.

As far as no smoking, I'm sure they are referring to on their property. What you do outside of work is of no concern to them.

Michael K

I would not worry about it if you are not affected but it is illegal.

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