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cdkelley

Member
What is the name of your state (only U.S. law)? California

My husband's employer offers a program to their employees to help them to become tobacco free.
The company pays for the program,the entire supply of nicotine patches,& also gives a bonus of $600.00-#300. when the employee joins the program,& then $300. 6 months later if the employee is still smoke free.

Isn't this discriminatory to the employees that never smoked tobacco in the first place?These employees aren't given any extra cash benefits for not smoking,nor is there any other compensation to balance the bonus given to these employees that smoked.

Isn't this discrimination based on an employee's lifestyle?
 


eerelations

Senior Member
It sure is discrimination based on an employee's lifestyle!

However, it isn't illegal discrimination. Lifestyle isn't a protected characteristic (only things like race, gender, religion, and disability and protected characteristics) under the law, and as a result, it is perfectly legal to discriminate based on lifestyle.

Using your logic, it should be illegal for employers to provide medical and dental benefits because they would be discriminating against people who have no teeth and/or refuse to see a doctor.
 

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