If my son had a phone interview today for a joband was told that he would not be considered for the position because he smokes, is this legal?
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If my son had a phone interview today for a joband was told that he would not be considered for the position because he smokes, is this legal?
Asked on January 9, 2012 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, that is legal. Employers may decline to hire anyone they wish, so long as they do not base the decision on illegal discrimination. However, only a few types of discrimination are actually made illegal--for example, there is no discrimination on the basis of race, sex, religion, age over 40, or disability. However, there is no protection for smokers--it is legal to discriminate against them.
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