4 ms·

If you can discriminate against smokers, which is a legal vice, can the employer discriminate on other legal vices, even taken in moderation, such as alcohol or

If you can discriminate against smokers, which is a legal vice, can the employer discriminate on other legal vices, even taken in moderation, such as alcohol or caffeine, in a legal capacity? I'm the furthest thing from a lawyer and this is just a question to people who may know. I understand the smoking thing is an insurance issue.

bombcar 4y ago
Unless it’s a protected class you can discriminate on it, from what I understand. If they suspect that you’re using it as a stand-in for a protected class, you may be in trouble (not hiring smokers because blacks smoke, for example). There may be edge cases where something is effectively a protected class. And it may vary from state to state.
pocket_cheese 4y ago
I dabble in adult content creation and could absolutely get fired for it. It's not exactly a vice though.
Zak 4y ago
Some states bar or limit employers from regulating off-duty conduct by employees. Some don't. Smoking is a common one because it affects insurance costs, but the same legal theory could probably be applied to alcohol or caffeine. https://www.workplacefairness.org/off-duty-conduct https://www.workplacefairness.org/off-duty-conduct
jimmar 4y ago
If you want to work at BYU, abstaining from coffee is a condition of employment. This goes for even for people who are not members of its sponsoring church. Just a few years ago, BYU almost lost its ROTC program because a non-LDS colonel didn't want to abide by the university's code [1]. [1] https://www.airforcetimes.com/news/your-air-force/2017/08/29/despite-honor-code-concerns-air-force-rotc-stays-at-byu/#:~:text=The%20Church%20of%20Jesus%20Christ,other%20activities%20at%20all%20times https://www.airforcetimes.com/news/your-air-force/2017/08/29....
P5fRxh5kUvp2th 4y ago
yes, in college I worked for a christian company that had a policy of firing you if they found out you drank at all. at-will means at-will.

bombcar 4y ago

Unless it’s a protected class you can discriminate on it, from what I understand. If they suspect that you’re using it as a stand-in for a protected class, you may be in trouble (not hiring smokers because blacks smoke, for example). There may be edge cases where something is effectively a protected class. And it may vary from state to state.

pocket_cheese 4y ago

I dabble in adult content creation and could absolutely get fired for it. It's not exactly a vice though.

Zak 4y ago

Some states bar or limit employers from regulating off-duty conduct by employees. Some don't. Smoking is a common one because it affects insurance costs, but the same legal theory could probably be applied to alcohol or caffeine. https://www.workplacefairness.org/off-duty-conduct https://www.workplacefairness.org/off-duty-conduct

jimmar 4y ago

If you want to work at BYU, abstaining from coffee is a condition of employment. This goes for even for people who are not members of its sponsoring church. Just a few years ago, BYU almost lost its ROTC program because a non-LDS colonel didn't want to abide by the university's code [1]. [1] https://www.airforcetimes.com/news/your-air-force/2017/08/29/despite-honor-code-concerns-air-force-rotc-stays-at-byu/#:~:text=The%20Church%20of%20Jesus%20Christ,other%20activities%20at%20all%20times https://www.airforcetimes.com/news/your-air-force/2017/08/29....

P5fRxh5kUvp2th 4y ago

yes, in college I worked for a christian company that had a policy of firing you if they found out you drank at all. at-will means at-will.