Limiting Employees' Off-Duty Smoking

If you believe that smoking will result in more absenteeism or in higher benefit costs, you may not want to hire or keep employees who smoke.

A growing number of states, however, have enacted smoker's rights laws that prohibit discrimination against employees and job applicants who smoke away from their employer's premises during nonwork hours. The laws usually take the form of rules that prohibit discrimination against employees for use of legal substances on their own time — including tobacco products — or for engaging in lawful activities.

Even though you may end up paying higher health insurance or life insurance premiums, you cannot discriminate against these employees in states where this type of discrimination is prevented. One action you can take, however, is to encourage employees who smoke to quit by offering a bonus to those who quit, or by paying for stop-smoking programs.

Be sure to know if your state's laws protect employees from discrimination based on activities outside of work.