Smoking Status Discrimination

Smoking status discrimination refers to the unfair treatment of individuals based on their smoking habits or status as a smoker. An employer cannot fire its employee because the employee's smoking status will increase the premiums for the health plan earned at work.

An individual may not be fired or discriminated against for being a smoker, as long as the employee follows all of the employers smoking policies.

Employees who comply with workplace smoking policies, meaning their employer is not prohibited from stopping them from smoking at work, cannot be discriminated against. The Kentucky Civil Rights Act ("KCRA") disallows employers from requiring employees to abstain from smoking or using tobacco products outside of work.

However, employers may:

• Require different employee contribution rates for smokers and non-smokers in an employer-sponsored health plan.
• Offer incentives or benefits to employees who participate in a smoking cessation program.