U-Haul decision to not hire nicotine users is completely legal according to local attorney, John Carlson.

 In December the company announced a new nicotine-free policy starting Feb.1, in 21 states including Pennsylvania.

The additional states include: Arizona, Alabama, Alaska, Arkansas, Delaware, Florida, Georgia, Hawaii, Idaho, Iowa, Kansas, Maryland, Massachusetts, Michigan, Nebraska, Texas, Utah, Vermont, Virginia and Washington.

Local attorney John Carlson confirms U-Haul can legally show bias to potential employees.

"21 states make it legal for employers to limit or restrict who they can or don't have to hire." said local attorney, John Carlson.

Employment discrimination is illegal in Pennsylvania. There are protected clauses in place to protect residents, some include race, color, sex, age, ancestry, and disability. Carlson says employers are legally able to discriminate against employees as long as it is outside of the state’s protected clauses.

“When it comes to other criteria there are very limited situations that an employer cannot look into somebody's background or discriminate," said local attorney, John Carlson.

John Carlson also mentions that discriminating against nicotine users is a growing trend within companies due to health concerns. He says the cost healthcare for employees who use nicotine long term is a major factor.

“Science has proven that overtime that the prolonged use of nicotine products is detrimental to a person’s lungs and ability to breathe. There more susceptible to health risks than someone who does not smoke,” local attorney, John Carlson.

U-Haul confirms the recent nicotine-free policy does not affect employees hired before Feb. 1.