Is there a Federal or Ohio law that prohibits me from asking someone if they smoke or not in the interview?

My intention is to make seperate classifications of qualified and hirable employees and where possible hire a non-smoker over an equally qualified smoker.

I dont want to discriminate against anyone here, but smoke breaks are hampering my efficiency and if the smokers do not have a cigarette their ability to function begins becoming impaired due to lack of nicotine.

No, nothing in either Federal or Ohio law prohibits you asking about smoking in the interview, or prohibits you giving preference to non-smokers.

(Note to other readers of this post: this is not true in all states; some states do prohibit discrimination against smokers)

There is also nothing in the law that prohibits you from limiting or completely eliminating smoke breaks or from firing employees who are unable to perform their duties appropriately because of their lack of a cigarette. If they can't do their jobs without a nicotine fix, too d***ed bad. Maybe they'll be allowed to smoke in the unemployment line.

as a moderator, maybe you should not be so opinionated. There was a simple question to be answered and that is all that is asked of you.

Thank you for your opinion.

ah, cbg, they don't allow you to smoke in the unemployment line either. From personal experience. You can however, smoke when you are filing for benefits if you do it online from home! :D

To cover a person who is an exsmoker today, but may pick it back up tomorrow, or is on a quit smoking program, just make sure and specify nonsmoking in the job description. Then reiterate that in the interview, as a requirement to work there. This promotes a nonsmoking environment in general, instead of targeting whether any one person smokes or not, or anything about smoke breaks, etc. A smoker who is quitting may also be looking for a nonsmoking environment, but wants to keep their habit private to deal with at home. They need to find productive places to work, and be social, that are nonsmoking to support them in quitting the habit. Promoting nonsmoking helps them choose your location to work at, than another one, where there might be smokers.

In all of us, if we are to promote nonsmoking environments, we also need to be sensitive to the ones who really 'want' to quit, and are on a program to quit. It does not happen overnight. We need to be supportive of that, because they also promote nonsmoking environments, as much as, those who never smoked at all. This is in the real world!