Can you be denied a job because you smoke?
Asked by: Frederic Conn | Last update: July 19, 2025Score: 5/5 (18 votes)
Twenty-nine U.S. states have passed legislation prohibiting employers from refusing to hire job candidates because they smoke, but 21 states have no such restrictions.
Can a company refuse to hire you if you smoke?
The following states prohibit employers from refusing to hire smokers, unless being a smoker goes against a specific job qualification: California. Colorado. Connecticut.
Can you get a job if you smoke cigarettes?
In most states, it's legal for an employer to make hiring decisions based on tobacco use; there was in one state (Michigan) a major lawsuit that upheld that right of the employer to fire/not hire tobacco users.
Can you be denied a job for nicotine?
So, in short, an employer cannot discriminate against a prospective employee for using a lawful substance, including smoking cigarettes, so long as the smoking occurs off of the employer's property and is not during work hours.
Do you have to tell your employer you smoke?
In some, it is legal for an employer to ask you whether you are a smoker, and to hire, or not hire you based on that answer. However, 29 states and the District of Columbia do prohibit discrimination based on legal activities outside the workplace, which includes smoking tobacco.
Should Indiana deny employment to cigarette smokers?
How long does it take for a daily smoker to be clean?
The following are some basic guidelines on how long marijuana will show up on a urine test based on how often you use: Less than twice per week smoker: 1-3 days. Several times per week smoker: 7-21 days. Daily smoker: 30 days or longer.
What happens if you fail a drug test for a job?
Common potential consequences of failing a drug test at work are termination, suspension, recommended substance use disorder treatment, or other disciplinary actions. Although positive test results often accurately indicate a history of drug use, a false positive may also occur.
What states have smokers' rights?
- California, Colorado, New York, and North Carolina are the only four states without employee tobacco use laws.
- Nevada employers cannot restrict applicants or employees from smoking during off hours.
Do jobs ever test for nicotine?
You may need to take a cotinine test if you're applying for a job at a company that prohibits smoking. Some insurance companies may require this test as part of a health exam before approving a policy. This test is also done to check for nicotine poisoning.
Can you be fired for being a smoker?
In addition, smokers are protected under California law and may not be discriminated against or wrongfully fired as an employer may not discharge or discriminate against an employee for engaging in lawful activity.
Can a job make you quit smoking?
Employers generally have a right to prohibit employees from smoking in the workplace. However, some employers go a step further by refusing to hire employees who smoke or threatening to fire employees who can't or won't kick the habit. Whether this is legal depends on your state's laws.
Can you get fired for having nicotine in your system?
It depends on your state's law. Federal law doesn't address whether employers can fire employees for smoking. In a number of states, however, it is illegal to fire an employee simply for being a smoker.
Does who hire smokers?
Effective immediately, all job applicants will be asked if they smoke, and if so, whether they are willing to quit. The application process will be terminated in the case of smokers who refuse to stop. WHO offers a number of programmes for employees seeking to quit smoking.
Can a job application ask if you smoke?
What you can't ask: Do you smoke or drink? As an employer, you probably want to avoid someone who has a drinking problem or will take multiple smoke breaks throughout the day. It's even a concern for insurance. Instead of asking about this directly, find out if they've had trouble with health policies in the past.
How long does it take for nicotine to leave your system?
People also process nicotine differently depending on their genetics. Generally, nicotine will leave your blood within 1 to 3 days after you stop using tobacco, and cotinine will be gone after 1 to 10 days. Neither nicotine nor cotinine will be detectable in your urine after 3 to 4 days of stopping tobacco products.
Can an employer fire you for vaping?
This depends on state or local law. Some states and local governments have passed laws that prohibit vaping in public places, including workplaces. Many of these laws are actually “no smoking” laws that are interpreted to include “no vaping.”
In what states can you be denied a job for nicotine?
Those states are: Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maryland, Massachusetts, Michigan, Nebraska, Pennsylvania, Texas, Utah, Vermont, Virginia and Washington.
How do I flush nicotine out of my body fast?
- drinking plenty of water to flush waste products from the kidneys and liver.
- exercising to get the blood moving, boost circulation, and release waste products through sweat.
- eating a balanced diet rich in antioxidants to help the body repair itself.
How long do you have to stop smoking to pass a drug test?
Typically, THC, the psychoactive component of marijuana, is detectable for up to 90 days in hair, anywhere between 1 day to a month or longer in urine (depending on how often the individual uses it), up to 24 hours in saliva, and up to 12 hours in blood.
Can you refuse to hire a smoker?
In four states (California, Colorado, New York, and North Carolina), there is no specific law related to employee tobacco use but smokers are protected under broader state statutes that prohibit employers from discriminating against any employee who engages in a lawful activity. California also has a law that protects ...
What states are most smokers friendly?
States with no statewide smoking ban
As of July 2018, twelve states have not enacted any general statewide ban on smoking in workplaces, bars or restaurants: Alabama, Arkansas, Georgia, Kentucky, Mississippi, Missouri, Oklahoma, South Carolina, Texas, Virginia, West Virginia, and Wyoming.
What state is smoke free?
California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Massachusetts, Minnesota, Nebraska, New Jersey, New Mexico, New York, North Dakota, Ohio, Oregon, Rhode Island, South Dakota, Utah and Vermont.
Is it worse to fail a drug test or refuse?
Your refusal to submit to a drug or alcohol test is generally equivalent to testing positive to a drug or alcohol test.
What to say if you fail a drug test?
You should disclose all questionable foods and medications that you have taken recently that may impact drug test results. Some medications may remain in your system for several days or even weeks after your last use, so you should include medications that you may no longer be taking.
Can employers see past drug tests?
Do failed drug tests show up on background checks? While conducting the background screening of employees, employers cannot view any information regarding former drug test failures. This information remains strictly private and is only accessible to the previous employer who held the workplace drug testing.