Hiring discrimination based on smoking
Dottie
56 Posts
The question has been raised if it is legal to discriminate among applicants based on whether one is a smoker or non-smoker. Does anyone have any information on that?
Comments
Summary: 07/01/1997. KY 344.040. Discrimination by employers. It is an unlawful practice for an employer: (1) To fail or refuse to hire, or to discharge any individual, or otherwise to discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual's race, color, religion, national origin, sex, age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking; (2) To limit, segregate, or classify employees in any way which would deprive or tend to deprive an individual of employment opportunities or otherwise adversely affect status as an employee, because of the individual's race, color, religion, national origin, sex, or age forty (40) and over, because the person is a qualified individual with a disability, or because the individual is a smoker or nonsmoker, as long as the person complies with any workplace policy concerning smoking; or (3) To require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products outside the course of employment, as long as the person complies with any workplace policy concerning smoking.
Thank you. It sounded like dangerous territory to me, but I had never actually seen legislation pertaining to this particular topic. This gives me more than a gut feeling with which to respond to the manager who raised the question.