Fulthrotl
~Autocorrect is My Worst Enema.~
- Occupation
- E
You cannot not hire a person simply because they smoke for the same reason that you cannot not hire a person because they are in a wheel chair. Now if your job qulifications said that they must be able to climb a ladder, then that's a different matter.
ADA has nothing to do with it. Most ADA cases are filed as Civil Rights Violation law suits.
We had one job where the owner was arguing doing the required handicap access and told the inspector, whom is CASP certified, that he was never going to hire any handicap people, and the inspector looked at him and asked "did you know that you could get sued just for saying that."
well, anyone can not hire anyone for any reason, including no reason at all.
what you can't do is say the reason is a prohibited reason.
young guy i know, went to work at a place recently, and
after three days, the owner of the business walked up,
said, "our plans have changed", and handed him a check
for three days wages.
when asked why he was being laid off, he was told that
"california is an at-will employment state, and that is all
i can say on the matter".
and that, is that. pretty hard to sue based on that.