Is it legal for an employer not to hire me because I smoke at home or in my personal vehicle?

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Is it legal for an employer not to hire me because I smoke at home or in my personal vehicle?

This is on the bottom of all Centura Health job postings in Colorado. Important notification to applicants as of Nov. 20, 2014 Effective Jan. 1,2015, Centura Health will no longer hire tobacco users in Colorado and Kansas. The change to our policy does not apply to associates hired on or

before Dec. 31, 2014 . Centura Health is an Equal Opportunity Employer, M/F/D/V.

Asked on April 4, 2017 under Employment Labor Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The fact is that an employer cannot hire an applicant due to their being a smoker (or due to most other behaviors, etc.), The only limitation would be not hiring someone because of their inclusion in a "protected class". This means not hiring them because of their race, religion, nation origin, disability, age (over 40), gender, etc. That would constitute discrimination which is illegal.  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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