MARY KEATING: Smokers do not particularly have any employment rights. At least, I am not aware of any laws, may be there are some local ones, but I tend to doubt it. You can refuse to hire a smoker. Smoking is not a recognized disability. You do not have to give smokers breaks. You might find that you need to in order to improve their production at the office.
ROCHELLE EISENBERG: So I would not call it a smoke break though because what that does is that causes animosity among the nonsmokers. We have heard this, why should that person get a 10-minute smoke break and I have to work? We all want a break, but no, there is no entitlement to a smoke break.
MARY KEATING: You can discriminate between smokers and nonsmokers and you can give smokers better breaks, but you have to think about what that is going to do to the morale in the office. It is going to effect things in the office if that is perceived as favorable treatment for smokers.