Are Smoke-Free Hiring Policies Legal?     Smoke-free/tobacco-free workplace policies are perfectly legal in at least twenty states, including Ohio.  Ohio law does not prohibit employers from making employment decisions based upon an employee’s tobacco use.  Since there are other states that do prohibit an employer from implementing a tobacco-based hiring policy, a company that has locations in other states should carefully review that state’s law.    If you are located in a state where smoke-free hiring policies are legal, such as in Ohio, you will find the following tips helpful on hiring non-smoker employees and implementing a smoke-free hiring policy:   Tip #1: Employment Application. Add language to your employment application that you only hire non-smokers; this puts applicants are on notice of your policy at the first stage of the employment process.   Tip #2:  Interview Process.  Refrain from asking whether or not the applicant is a smoker during the interview process.  This might illicit the disclosure of medical information which is prohibited during the pre-hire/interview process; If you followed Tip #1, however, you have already put the applicants on notice that you only hire non-smokers.   Tip #3:  Conditional Hiring. Once you have made a decision that you want to hire an applicant, you can then inform the applicant that his/her employment with you is conditional upon his/her being a non-smoker.   Tip #4: Legitimate Business Reason. Documenting the legitimate business reason for this policy is important as well.  (If you maintain a minute book, you can document this in your minute book.). A legitimate business reason could be that, as a health care provider, it is important to have employees who do not smoke, because these employees work closely with patients who (i) may have be allergic to the smell of smoke; (ii) may experience some other medical reaction related to the smell of smoke; and/or (iii) may just simply be offended by the smell.  Documenting any other legitimate business reason is important as well.   Tip #5:  Hiring Policy. If you are going to adopt a hiring policy where you only hire non-smokers, this should be incorporated into your current hiring policy. If you do not currently have a written hiring policy, you should develop and implement one that can be incorporated into your employee handbook or personnel policy manual.   Ultimately, if you do decide to implement a smoke-free hiring policy, it should be reviewed by legal counsel.   Capital University Law School has an informational website on this issue and can be accessed at http://www.law.capital.edu/tobacco/workplace/costs_hiring.html.               Tanya Nardone is an attorney with the Nardone Law Group, LLC and specializes in employment related matters for dental practices. If you have any questions related to the development and implementation of a smoke-free hiring policy or any other employment related matters, you can contact her by telephone at (614) 223-9262 or by e-mail at tnardone@nardonelawgroup.com.