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I was told that I could be terminated for being a smoker. Is that legal to fire someone who smokes?

I was told that I could be terminated for being a smoker. Is that legal to fire someone who smokes?

Q: What qualifies you as a former smoker?

A former smoker is typically defined as someone who has not smoked any tobacco products for a certain period, often 6 to 12 months. This definition can vary based on health insurance providers or specific workplace policies.

Q: Can an employer fire you for being a smoker?

Whether an employer can legally fire you for smoking depends on state laws. In states that protect against discrimination for legal activities, firing someone for smoking may be illegal. In states without such protections, it may be permissible.

Q: Do smokers have a right to smoke at work?

The right to smoke at work varies by state and workplace policy. Many employers have smoke-free policies to promote health and safety, and in some states, these policies are supported by law. Always check your employer's specific rules.

Q: Do smokers have the right to smoke?

Smokers generally have the right to smoke in designated areas, but this right can be limited by state laws and workplace policies. Many states allow employers to create smoke-free environments, which may restrict smoking on their premises.

Full question:

I was told that I could be terminated for being a smoker. Is that legal to fire someone who smokes?

Category: Smoking
Date: 04/07/2025
State: National

Answer:

It may be possible. It depends on which State you live in. Some states have laws that prohibit discrimination against employees that smoke. In other states some employers are either not hiring smokers or terminating smoker who don't quit. They take the position that their health costs and insurance are higher for smokers.

29 states and the District of Columbia prohibit discrimination based on legal activities outside the workplace, which includes smoking tobacco. The states that provide this protection to smokers include California, Colorado, Connecticut, District of Columbia, Illinois, Indiana, Kentucky, Louisiana, Maine, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Tennessee, Virginia, West Virginia, Wisconsin and Wyoming.

Reference:
http://www.workplacefairness.org/smoking-rights-workplace

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you fire someone for being a smoker?

In many states, it is illegal to fire someone solely for being a smoker, as some have laws protecting employees from discrimination based on legal activities outside of work. However, in states without such protections, employers may have the right to terminate employees for smoking.