The history of Nicotine-Free Hiring Policies in the United States reflects changing attitudes toward public health, workplace wellness, and the growing awareness of the financial burden of smoking on employers. In the 1970’s and 1980’s smoking was increasingly linked to serious health conditions; in the 1990’s there was a shift toward smoke-free workplaces; in the 2000’s nicotine-free hiring policies began to take shape.
Employers’ ability to implement nicotine-free hiring policies varies by state due to differing laws regarding smoker protection. While some states allow hiring decisions based on nicotine use (tobacco, vapes, gums, lozenges, patches etc..) others have enacted laws protecting employees from discrimination for lawful ‘off-duty’ nicotine use.
Why Employers Implement Nicotine-Free Policies
Many employers adopt nicotine-free hiring policies for several reasons:
- Lower Healthcare Costs: Tobacco use is linked to higher medical expenses, leading employers to seek cost reductions.
- Increased Productivity: Tobacco users often take more sick days and breaks, affecting efficiency.
- Health and Wellness Initiatives: Companies promoting a healthy workplace see nicotine-free policies as part of their wellness programs.
- Public Image and Brand Reputation: Healthcare and wellness organizations may implement these policies to reinforce their commitment to public health.
States That Allow Nicotine-Free Hiring Policies
Currently, 21 states do not have laws preventing employers from implementing nicotine-free hiring policies, these are Alabama, Alaska, Arizona, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maryland, Massachusetts, Michigan, Nebraska, Pennsylvania, Texas, Utah, Vermont, Virginia, Washington.
In these states, employers can require ‘nicotine-free’ as a condition of hire. For example, U-Haul International implemented such a policy in these states in 2020.
States with Smoker Protection Laws
29 states and the District of Columbia have smoker protection laws, prohibiting employers from making hiring decisions based on off-duty nicotine use.
Examples of this are:
Colorado’s Smoker Protection Law – the “Lawful Off-Duty Activities Statute” (C.R.S. § 24-34-402.5) prevents employers from discriminating against employees for legal activities outside of work, including tobacco use, unless it directly impacts job performance or presents a business necessity.
Illinois’ Right to Privacy in the Workplace Act – the Right to Privacy in the Workplace Act (820 ILCS 55/5) prohibits employers from making hiring or firing decisions based on legal tobacco use.
Nicotine Screening for Employment
Drug screening is a fairly common practice in the US, the Society for Human Resource Management (SHRM) (2024) reports that about 54% of employers conduct drug testing, but this varies by industry and region. In states where nicotine-free hiring policies are permitted, employers may also conduct pre-employment nicotine screening, including
- Urine Tests: Detect nicotine for up to 3-4 days.
- Saliva Tests: Detect nicotine for 1-4 days.
- Blood Tests: Provide accurate results but are less common.
- Hair Tests: Detect nicotine for up to 90 days but are rarely used.
Employers conducting nicotine testing must ensure compliance with state laws and clearly communicate their policies to job applicants.
Nicotine Use in the United States
As of 2022, approximately 11.6% of U.S. adults (28.8 million people) were cigarette smokers (CDC). In 2021, 4.5% of adults used e-cigarettes (PMC), and 0.4% of adults reporting current use of emerging nicotine products, such as nicotine pouches (Keck USC).
Among young people, 10.1% of high school students reported using at least one tobacco including e-cigarettes. product in 2024. Specifically, 7.8% of high school students and 3.5% of middle school students reported current e-cigarette use in 2024 (Lung.org) (Truth Initiative).
Considerations for Employers
Before implementing a nicotine-free hiring policy, employers should weigh the challenges and benefits. Challenges include potential legal risks and a smaller hiring pool (c.15 % of the workforce), while the benefits include lower healthcare costs and a healthier workforce,
As laws evolve, staying informed on legal developments is crucial for maintaining lawful hiring practices.