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MAJOR CORRECTIONIt is illegal to ask if a person drinks or smokes in an interview.

Health and Physical Abilities

Your employees' health and abilities may be essential to getting the job done, but it's important to avoid assumptions and discrimination. Stick to these questions in order to avoid embarrassment and legal troubles.

  1. What you can't ask: Do you smoke or drink?

AnswerYes. Many employers consider it a liability since employees who smoke are often out on a smoke break and often have health related problems that cause an increase to health insurance. (Incorrect, Asking if someone smokes is 1000% illegal) As a SmokerPerhaps the health related problems stem from being forced to go outside in the snow for a smoke break. I've taken one week of sick leave in the past five years and that was for a hernia operation. None of your rights were broken.
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โˆ™ 2012-09-01 19:43:00
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Q: Can an employer ask if you smoke?
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Related questions

Can an employer ask you to take residents outside to smoke when you don't smoke yourself Isn't second hand smoke a hazard?

It's probably not against any rules to ask you to accompany residents outside to smoke, but if you explain to your employer that you yourself do not smoke, perhaps the task can be given to someone who does. And yes, second hand smoke is definitely a hazard!!

Can a prospective employer ask a previous employer if you were fired in Pennsylvania?

Employers can ask that in every state.

What questions can a potential employer ask a current employer during a back ground check?

A potential employer is limited in the types of questions he can ask your current employer. Generally, he can only ask things like if he would ever rehire you and if you are currently working there.

Can employer ask when employee is retiring?

Employer can ASK anything. It can't compel employee to retire, if employer large enough to be subject to Age Discrimination Act.

Can a prospective employer ask you why you left your previous employer?

Yes, and they usually do.

Can your employer ask you to work temporarily without pay?

The employer can ask, however, it's your decision to accommodate or not. An employer cannot force you to work without pay. The question is, can you trust the employer, and can you survive without pay.

Can employer ask for driver's license during the interview process?

Yes an employer can ask for the applicants driver's license for identification.

What questions can new employer ask old employer?

You might ask them if there is a better way of doing your job. You could ask them for help or suggestions on how to do some things.

Can an employer ask how old you are?

Yes, they have the right to ask you how old you are.

Can an employer ask why you are quitting?

He/she can ask why you quit, but you don't have to tell him/her.

Can a potential employer ask a previous employer why you were terminated from that job in California.?


What can prospective employer ask previous employer in Arizona?

1 - is this person re-hirable and #2 - you can ask for dates of employment.I think that's all you can legally askNo statute restricts what a employer can ask. Almost no restrictions on what a former employer can say about a worker. No factual info can create defamation liability - only falsehoods. can.

Can they ask you what medication you are on if you have a comm drivers licens?

Certainly. Cops can ask you, employer can ask you.

What is employers obligation related to place for smokers to smoke?

The employer has none.

When applying for a new job can new employers ask your old employer how many sick days you had?

To my knowledge, employers can ask about your attendance. They are NOT permitted to ask why you were out of the office. They are NOT permitted to ask questions about your religious or sexual orientations. They are not permitted to ask specifics about whether or not the previous employer thinks you are ugly or a liar or whatever. If the potential employer does ask these, you can file a lawsuit. If the previous employer makes untruthful, slanderous statements about you, you can also file a lawsuit.

Can an employer ask you when you are retiring?

An employer can ask an employee if they are retiring as long as it is not done in a way that does not discriminate. It is not legal for an employer to tell an employee to resign because of his age. Also, an employee does not have to answer if his boss asks if he is retiring.

Can you ask your employer if there will be more layoffs?

yep you can

Is your employer allowed to ask why you called in to work?


Can an employer ask your medical history?

Not usually, no.

Can an employer ask about medical history?

Not usually, no.

Can your employer ask why you want time off?


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Can an potential employer ask for your personal budget?


Where can you find a requisition number?

Ask your employer.

Can employer ask pharmacy about prescription drug use?

Yes, an employer can ask, but the pharmacy will not answer any such question because that would violate the patient's privacy.