smoking while not at work

Just curious... I know, I know, here she comes with those smoking questions again.


Can an employer that is not a non-profit, religious, or quasireligious employer require employees not to smoke before coming to work and after leaving work (in other words, only hire non-smokers.) Can you be asked to sign a document to that effect?

No, this has not happened to me.

I seem to recall a paid fireman in a major West Coast city who was seen smoking after hours, reported upon, and fired from his job as firefighter. The last I heard, he was suing (this might even be the early '90's)

Hi to all the Atty's that used to visit employment law,

D. D.

Last year the Supreme Court ruled that employers may set standards for pre-employment as long as they do not violate any civil rights or hiring practice laws. And as of this time, smoking is not covered by any civil rights laws or hiring practice laws. It has been proven smokers have lower productivity than non-smokers and drive up the costs of health insurance. There are those that claim what you do on your own time is your business, not your employer, but the court rejected that argument, they said any outside activities that affect your employment may be considered prior to employment.

Thank you for your response.