Legal Question in Civil Rights Law in Missouri

I recently applied for several positions within a single company, I am more than qualified and there was the question if Iused tabacco, I answered yes and got an email saying they dont hire anyone who uses tobacco products, is this legal or is it a fromof discrimination? It is not like they said I cant smoke on or around the workplace but that I cant smoke at all in order for them to hire me, this seems like discrimination to me,is it?


Asked on 8/06/11, 7:43 pm

1 Answer from Attorneys

Anthony Smith LawSmith

If you can show that you are addicted to cigarettes, and in treatment, you may be able to make claim under the Americans with Disabilities Act. Otherwise, it does not appear that the facts you described, represent prohibited discrimination. Sometimes you can not provide all the relevant information through this format. Therefore, you shoudl consult direclty with an employment lawyer in your area. Take them all the documents you have, and be available for follow-up questions.

Good luck

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Answered on 8/08/11, 11:40 am


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