Because I’m a lawyer, I’ll say it depends. Except, I won’t charge you 0.1 hours of my time to say it.
Instead, I encourage you to go to SHRM’s website and read this article from Roy Maurer. Roy addresses a decision by the first major company in its field to decline job applicants who are nicotine users. And I chime in with some legal analysis.
So, it’s like we both wrote the article, and I’m using that as an excuse to provide you less than 100 words here today.