Pre-employment Interview Question

Kathy

In the state of Florida, is it legal to ask an interviewee if they are a smoker?

Don D

Why would you ask? If you do ask, what will you do with the information? Whether or not they are a smoker is largely irrelevant from a legal perspective in the hiring process. We cannot typically refuse to hire based solely on whether or not an applicant is a smoker, or at least its not wise to. It's not a protected class (yet) but is still an unwise reason for not hiring a person. I would prefer to say that ours is a non-smoking environment and ask if that is a problem for them? We've been around the track numerous times with discussions about smokers needing or taking more breaks, being sicker, smelling fouler, making more noises, etc, etc. Mostly those things relate to non-smoker attitudes and perceptions of things that may or may not be true. Some states have statutes regarding this as I understand it.

pecohr

Kathy,
Questions directed to a prospective employee should be "work related" and deal with their ability to perform the functions of the job for which they are interviewing. I think you would have a hard time defending a " are you a smoker " question were it to become a litigation issue.

Brad Forrister

There was a state Supreme Court decision in Florida a few years ago that said cities can refuse to hire applicants who smoke. Hard to see how they could do that if they couldn't ask whether the applicant smoked. Don D and pecohr may be right that you shouldn't ask, but you can.

Brad Forrister
Director of Publishing
M. Lee Smith Publishers

System

Try a more direct approach: Put the smoking area in an alligator-infested swamp. End of problem. x}>

James Sokolowski
Senior Editor
M. Lee Smith Publishers

Ruskanen

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Read this related posting of questions. Maybe it will help you resolve your dilemma.