"Employment at will" is the general rule in the US. The Civil Rights Acts are exceptions to the employment at will doctrine, but only protect employees from violations of the enumerated civil rights (race, creed, color, gender, national origin, age, disability). Smoking, drinking alcohol, and overeating are not civil rights.
The only other exceptions to employment at will would be employment contracts, union contracts, and state law, but my guess is that there is no state law anywhere that prohibits firing a person because they smoke.
"Fairness" is not a concept which is protected by law, for the most part. It may be unfair, it may not be nice, but it's probably not illegal. |
