Legal Question in Business Law in Florida

Re: Employees

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Yes. Smokers are not a protected class under the Florida constitution. Florida is a right to work state and an employer can hire or fire an employee as he or she sees fit other than if protected under Florida law or the Constitution.

Smokers pose a greater health risk due to absences and higher insurance premiums for an employer. As a law, smoking is not allowed in the workplace any more, so as a group, they are known to take additional breaks to "grab a smoke" thus cutting down on their productivity.

Scott R. Jay, Esq.

Re: Eployees

Smokers are not a protected classification under Title VII of the Civil Rights Act or under state law. Therefore, you may choose not to hire someone who smokes.