ORLANDO, Fla. — Florida job applicants who smoke or use tobacco outside of work may have fewer employment protections than workers in many other states.
Florida does not have a general statewide law prohibiting employers from making hiring or employment decisions based on lawful, off-duty tobacco use, according to a state-by-state review circulated by vaping retailer Ecigone.
The Florida Civil Rights Act prohibits employment discrimination based on race, color, religion, sex, pregnancy, national origin, age, disability and marital status. Tobacco use is not included among those protected categories.
The American Lung Association tracks 29 states and the District of Columbia as having some form of smoker-protection law. The scope and exceptions vary by state.
The absence of a general Florida protection does not mean every employment decision involving tobacco or nicotine is automatically lawful. Local rules, public-sector policies, employment contracts, union agreements and other state or federal employment protections could still apply depending on the circumstances.
Employers may also establish policies prohibiting smoking or vaping at work, regardless of whether an employee uses tobacco legally while off duty.
Applicants should pay close attention to how an employer describes its policy. “Smoke-free,” “tobacco-free” and “nicotine-free” may cover different products or conduct.
Nicotine screening can also detect exposure from sources other than cigarettes, including vaping products and some smoking-cessation products. Applicants presented with a testing policy can ask what substances are being screened for and how the employer evaluates the results.
Workers or applicants with questions about a specific hiring decision should consult a qualified Florida employment attorney.
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