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A comment on U-Haul to Implement Nicotine-Free Hiring Policy. Parent comment

Re:U-Haul to Implement Nicotine-Free Hiring Policy by sk5t on Thursday January 02, 2020 @11:59PM (#21943341)
Prohibiting employers from discriminating against workers under 40 would be not unlike prohibiting the NFL from refusing to employ fast 40-yard runners, or disallowing Hooters from refusing to hire buxom servers. If you'll please forgive the swell of double/triple negatives.
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Re:U-Haul to Implement Nicotine-Free Hiring Policy by pacaro on Friday January 03, 2020 @12:27AM (#21943484)
IANAL You find yourself in BFOQ (bona fide occupational qualification) territory here — sometimes stated as "blind people can't be bus drivers".

For an NFL player, running speed is clearly a BFOQ. For Hooters the case is more complicated (IIRC there is case law)

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Re:U-Haul to Implement Nicotine-Free Hiring Policy by sk5t on Friday January 03, 2020 @12:46AM (#21943600)
Yes, but--the gist of my post was that there is no utility (and maybe some negative utility) in trying to pass laws to prevent the NFL, or Hooters, or whoever, from hiring the people they really, really do prefer to hire, all other things equal.
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