Is it discrimination to be refused employment simply because you smoke?

Question Details:

I have received notice that I have been refused employment with Sarasota County, Fl. because I smoke cigarettes. Is this legal? I would consider it at least discrimination.

Asked 11/18/2009 under Employment and Labor | 162 View(s) | More Legal Topics

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Employment and Labor Law Answers

Not all "discrimination" is illegal. For example, it would be entirely legal for an employer to (to use an admittedly absurb example) to not hire someone because they disliked the "Twilight" series. Only discrmination on the basis of a protected category, such as race, religion, age (over 40), disability status, gender, etc. is illegal. There is no law protecting smokers, however.

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