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ARTICLE · 28 JUNE 2012

Discrimination Against Smokers – Is It Fair?

Jobseekers who are smokers are increasingly confronted with advertisements that specify only non-smokers need apply.

AustraliaEmployment and HR

By Stacks / The Law firm

Smokers are finding they are being discriminated against on many levels. They are banned by law from lighting up in the workplace, in pubs, at bus stops, on beaches, in taxis, in many publicly shared spaces and possibly even in their back garden or on their balconies if their smoke drifts into a neighbour's home.

Now increasingly jobseekers who happen to be smokers are being confronted with advertisements that specify only non-smokers need apply.

The jobs range from personal trainers to disability workers, office workers and receptionists, hospitality workers and hospital workers.

It's a controversial topic and one where the law seems to have a bet each way. While the law bans smoking in many areas, the law also says people should not be discriminated against.

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