Can an employer legaly discriminate against smoking but not illigal drug use?
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Can an employer legaly discriminate against smoking but not illigal drug use?
Our employer is starting a non smoking policy as part of its medical benifits. They will test employees and if found to be smoker will charge a $25 surcharge every paycheck for as long as they are a smoker. However (due to union pushing) they will not be testing for illigal drug use under the same so called guidelines. I feel thes is discriminatory and should be equal for both.
Asked on November 1, 2012 under Employment Labor Law, Wisconsin
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The law allows discrimination: there is no legal requirement to treat employees the same except for certain specifically protected reasons (e.g. no racial discrimination; no sex-based discrimination; etc.). However, there is no protection for smokers or smoking, so an employer may do this, and may treat smokers differently or worse than others--indeed, an employer could legally fire any employees who smoke.
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