[Gabz]

Thank you for all of that information.

There are 2 types of employment laws in states..."employment at will" and "right to work"......

Doesn't the employer in an "employment at will" state have the right to do this????

Any assistance you can provide in keeping this straight for me would be greatly appreciated...and if you choose, I am not averse to FReepmail.

[NCLaw441]

I think you are correct. Whether it makes good sense to eliminate smokers from the hiring pool, I don't know. There are a lot of good people who smoke. As a matter of law, though, private employers have the same rights as employees as to who they will work with. Just as a prospective employee cannot be made to apply with a particular employer, employers as a general matter don't have to accept anyone they don't want, for any reason or no reason, as long as it is not an illegal reason, such as race, gender, age, etc. (the list grows, and some states add weight, sexual orientation, and other "classes" to the list). Smoking is not a protected class, and given the current atmosphere, is not likely ever to be one. To be honest, I would be reluctant to hire a smoker if I had to be exposed to his/her smoke. Just a personal preference. I wouldn't hire a liberal either, all things being equal, although that might be a disability, requiring me to hire him/her.