Q. May I refuse to hire a smoker?
A. Probably not. For private employers with three or more regular employees, it is unlawful in North Carolina to discriminate against an employee or prospective employee because he engages in or has engaged in “the lawful use of lawful products if the activity occurs off the premises of the employer during nonworking hours and does not adversely affect the employee’s job performance or the person’s ability to properly fulfill the responsibilities of the position in question or the safety of other employees.”
- Be prepared to explain why hiring criteria favor experience more than education
- Prepare for lawsuit if you change hiring criteria in middle of selection process
- Explain work schedule during interview, not after hiring
- Steer clear of blanket hiring policies that stymie disabled applicants
- Dollars attract summer interns, but experience keeps them