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Labor and Employment Law

Smokers’ Rights in the Employment Context

Can employers refuse to hire a applicants for their tobacco use? In most states, the answer is "yes." Unless the candidate is applying for a job in a State with a "smokers'-rights statute," an employer can refuse to hire candidates who smoke.

According to the Texas Employment Law Update, that's exactly what one of North Texas' largest employers has announced it will do. Baylor Health Care Systems announced that it will not hire or consider for hire any candidate who uses any nicotine product. This is additional evidence of a continuing trend in health care.

See also

A Whirlpool of Excitement about Rights of Employees Who Smoke

Employer Quits Its Smoking-Penalty Policy

Delaware Employers & Smoking Employees--Part 1

Delaware Employers & Smoking Employees--Part 2

Delaware Employers & Smoking Employees--Part 3

Delaware Employers & Smoking Employees--Part 4

Read more Labor and Employment Law insights from Margaret (Molly) DiBianca in the Delaware Employment Law Blog.  Ms. DiBianca is an attorney with Young, Conaway, Stargatt & Taylor, LLP.

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