Can employers in Minnesota limit job openings to nonsmokers?
Minneapolis employment law attorney Marnie DeWall explains that employers cannot exclude someone from a job just because they smoke.
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The answer is generally no, the employer has to avoid discriminating based on somebody’s smoking status, if you will. There is an act called the Minnesota Lawful Consumable Products Act that essentially says you cannot discriminate against an employee for engaging in lawful behaviors. Typically, what we’re looking at is the use of tobacco or alcohol. Now the employer can, of course, limit that in the workplace itself but can’t actually refuse to hire or discipline someone because of their status for the use of lawful consumable products.