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Employee Smoking
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Employee Smoking
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Can I ask an applicant if they smoke or not? I absolutely cannot stand the smell of cigarettes.
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Employee Smoking

posted at 4/2/2009 8:38 AM EDT
Posts: 2
First: 4/2/2009
Last: 4/2/2009
Can I ask an applicant if they smoke or not? I absolutely cannot stand the smell of cigarettes.
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Employee Smoking

posted at 4/2/2009 8:44 AM EDT
Posts: 410
First: 1/26/2006
Last: 11/15/2010
Hi:
This varies widely by state. In many states it illegal to deny someone employment due to engaging in legal behavior (e.g., smoking) away from the workplace.

I trust this is helpful.

Dave Arnold, Ph.D., J.D.
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Employee Smoking

posted at 4/2/2009 8:50 AM EDT
Posts: 1
First: 4/2/2009
Last: 4/2/2009
No, according to iWorkwell.com, you cant flat out ask them. Tell them about the smoking policies of the workplace instead. Go to that website I mentioned if you have any more questions about appropriate interview topics. They have an extensive list of what is illegal to ask, as well as correct substitutes.
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Employee Smoking

posted at 4/2/2009 9:20 AM EDT
Posts: 2
First: 4/2/2009
Last: 4/2/2009
Thanks to you both. And, by the way Kamin443, I checked out that site iworkwell.com you recommended, and so far so good. It's certainly cheaper than other sites colleagues of mine have signed up for in the past. And, so far, I have yet to run a question by them that the site hasnt been able to answer. With all of its forms and articles, Its definitely a tool I will using in the future. sites
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Employee Smoking

posted at 4/2/2009 9:20 AM EDT
Posts: 41
First: 2/16/2009
Last: 4/26/2009
I would encourage you to follow Dave's advice. It is perfectly legal and allowable, in some jurisdictions, to not only ask directly about smoking habits but to deny employment based upon tobacco use.
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Employee Smoking

posted at 4/2/2009 9:40 AM EDT
Posts: 1771
First: 10/24/2002
Last: 9/14/2011
Kamin443 and SW5525, given that you both joined on exactly the same day (i.e., today), and these posts are both your first, I wonder...do you work for iWorkwell.com?
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Employee Smoking

posted at 4/2/2009 9:47 AM EDT
Posts: 3870
First: 2/12/2002
Last: 11/2/2009
And I'm smelling an advertising scam here to promote this website.......
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Employee Smoking

posted at 4/2/2009 9:50 AM EDT
Posts: 2146
First: 2/15/2006
Last: 9/14/2011
sniff...sniff...definitely something rotten in here.
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Employee Smoking

posted at 4/2/2009 10:01 AM EDT
Posts: 410
First: 1/26/2006
Last: 11/15/2010
Hi:
If there is a connection, they may want to change the information contained on the site they reference so it is reflective of the actual status of the law---with smoking, the majority of states would not view discrimination on the basis thereof as illegal.

Dave Arnold, Ph.D., J.D.
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Employee Smoking

posted at 4/2/2009 11:11 AM EDT
Posts: 3870
First: 2/12/2002
Last: 11/2/2009
I can only suspect that they researched posting restrictions as well as they did legal ramifications of asking the smoking question.
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