Discrimination: Appearance and Smokers - Coursework Example

The challenge then is to identify which jobs qualify for exceptions. No federal law protects against appearance-based discrimination — and only a few communities, like Santa Cruz, Calif, have such laws in place — plaintiffs then must prove that the discrimination is based on other factors other than appearance. One can rely on violations of the Americans with Disabilities Act or the Connecticut Fair Employment Practices Act. The law however prohibits discrimination based on age. Section 622 sub-section 3(a) say, “It shall be unlawful for an employer to fail or refuse to hire or to discharge any individual or otherwise discriminate against any individual concerning his compensation, conditions, terms, or privileges of employment, because of the individual’s age.

” It continues in sub-section 3(b), “It shall be unlawful for an employment agency to fail or refuse to refer for employment, or other­wise to discriminate against, any individual because of such individual’s age, or to classify or refer for employment any individual based on such individual’s age.” (Eeoc.gov, 2014). In the United States of America, tobacco smoking employees are protected by state statutes — Smoker Protection Laws. At the moment, twenty-nine states plus the District of Columbia have such laws operational.

Although these laws vary from state to state, employers are generally legally prohibited from either firing or refusing to hire an employee for consuming any tobacco product during non-working hours and away from the employer's property. Consumption of such products on the employer’s premises or during working hours is however not protected (Provine, 2007). In Colorado and New York, there is no law related to tobacco use in employment relations.