Mary Keating: Smokers don't particularly have any employment rights. At least, I am not aware of any laws, maybe there is some local ones but I tend to doubt it. You can refuse to hire a smoker; smoking is not a recognized disability. You don't have to give smokers breaks. You might find that you need to in order to improve their production at the office.
Rochelle Eisenberg: I wouldn't call it a smoke break though because what that does is that it causes animosity among the non-smokers. 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 non-smokers and you can give smokers better breaks, but you have to think what that's going to do with the morale in the office. It is going to affect things in the office if that is perceived as favorable treatment for smokers.
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