Legal Question in Employment Law in California

Re: Smoking in the workplace

Employee smoking, even off premises, has been a very hot subject lately, and the general consensus of employment law attorneys is that, in California, there is no protection for employees who smoke. In fact, some employers are openly discrimnating against smokers by refusing to hire them, or requiring current employees who smoke to quit. The rationale has to do with medical insurance costs, productivity issues and complaints from non-smokers.

Since smoking cigarettes is not a protected classification, there is nothing illegal about this form of discrimination. Someone will probably one day file a test lawsuit based on an invasion of their constitutional right of privacy but there is no way to predict how that will fare.