Employers, employment and discrimination. Is this discrimination?
Question:
Hi, I saw an ad for a job, where one of the requirements is that you be a non-smoker. The job is not at all physical (it’s a desk job), and the employer states that he simply doesn’t like the smell of smoke. Is it discrimination? Even if it’s not technically “discrimination,”, is it illegal?
PS – I’m not a smoker, but I feel it’s a personal choice. I’ve known great people who are smokers, and I don’t think it effects one’s ability to work. Also, the smell is bad, but that’s what lotions and fragrances are for. So please don’t ride me to tell me to quit smoking, because that’s one habit I never started! I’m more of a nail biter. 
Answer:
It is discriminatory towards smokers, but it’s not the illegal kind of discrimination. Smokers are not in a protected class.
On the other hand, if the Caucasians were allowed to smoke, but the African Americans couldn’t, that would be racial discrimination, but still, not “smoking discrimination”.
