Refusal to hire

[lostkydad]

I live in Kentucky and was interviewed for a position in Ohio.

This morning I interviewed for a position for which I am highly qualified. I was told by the hiring manager that I have all the necessary education and experience and would be a good fit for the company. Then he asked if I used tobacco. When I said yes, he informed me that they do not hire tobacco users. This question was not on the online application. Is this legal?

Thank you.

 

[Beth3]

Is this legal? Yes.

There are just several States that prohibit discrimination in employment based on the "use of lawful products while off-duty" (i.e. tobacco and alcohol) and I don't believe Ohio is one of them.

 

[swalsh411]

Completely legal. "smokers" is not a protected class.

 

[lostkydad]

Thank you for the information!

 

[ESteele]

Unfortunately for you, OP, Ohio is one of twenty-one states in which employers can legally discriminate against individuals who use tobacco products. In contrast, your home state, twenty eight other states and the District of Columbia prohibit such discrimination in the workplace.

In short, OP, unless Ohio legislature bends to the will of the powerful tobacco lobby and passes a similar bill, this prospective employer and other employers in Ohio can legally refuse to hire smokers.