Non Smoker only

[tubefeed]

Can you put in a job ad that only Non Smokers should apply? Or is this a form of discrimination???

[Qld IR Consultant]

Well i'd have to say that I have never heard this question before actually. I'd say yes you could, and it is unlikely breach any of the freedom of association provisions or discrimination. However, if you link it to an OHS requirement, dependant on the role, employer etc, I would think you could construct a valid reason if it is challenged. I'd be curious to hear other views though. This will be a first for me also

[Moz]

My immediate reaction was "of course it's discrimination", but it's not racial, sexual, or religious, nor does it discriminate against people on the grounds of disability or age.

It is however discriminating against someone on the basis of what they do in their private life. You could just as easily say "people who drink alcohol should not apply".

I would seek advice here before advertising What is workplace discrimination and harassment?