Is it discrimination to exclude someone from employment for smoking outside of the workplace?
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Is it discrimination to exclude someone from employment for smoking outside of the workplace?
Asked on January 12, 2012 under Employment Labor Law, Arizona
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, it is not discrimination. Most "discrimination" in employment is legal--an employer is allowed to discriminate against you because he does not like your politics, hobbies, or taste in entertainment, for example. Only certain discrimination specifically barred by law is illegal, such as discrimination on the basis of race, sex, religion, age over 40, or disability. However, smoking is not protected by law.
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