Is it legal for a company to discriminate against smokers and not pay them while for breaks while non-smokers get paid for their breaks?

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Is it legal for a company to discriminate against smokers and not pay them while for breaks while non-smokers get paid for their breaks?

At my job we have 2/15 minute breaks if time allows (and a 30 minute lunch). For the 2/15 minute breaks, smokers are told that they have to punch out with no pay while non-smokers get paid to do whatever they want.

Asked on July 28, 2015 under Employment Labor Law, Vermont

Answers:

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

Answered 8 years ago | Contributor

Yes, it probably is legal. That is unless the terms of a union agreement or employment contract are being violated or specific state law. Additionally, this preferential treatment must not constitute a form of actionable discrimination. So if unless you are being treated differently based on your membership in a "protected class", you don't have claim. In other words, is your lesser treatment due to your race, religion, nationality, gender, sexual orientation, age, etc.? If not then while your treatment may be discriminatory it is not illegal discrimination; non-smokers getting preferential treatment it is not a violation of the law.
 
To be certain of your rights under state law, you can contact your state's department of labor or you can consult an employment law attorney.

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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