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.”
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