EU Commission says companies can refuse to employ smokers

European employers are legally allowed to refuse jobs to smokers without being accused of discrimination, a spokeswoman for the European Commission said Saturday, confirming a report in the Financial Times newspaper.

Refusing to employ someone who smokes tobacco is "not covered by European anti-discrimination legislation," said Katharina von Schnurbein, spokeswoman for European Labour and Social Affairs Commissioner Vladimir Spidla.

The issue was raised by a British European deputy Catherine Stihler who questioned the commissioner over a job advertisement by an Irish company that warned smokers need not apply, Britain's financial newspaper reported.

"EU anti-discrimination law prohibits discrimination on the grounds of racial or ethnic origin, disability, age, sexual orientation and religion and belief in employement and other fields," Spidla told Stihler, quoted in the FT.

"A job advertisement saying that 'smokers need not apply' would not seem to fall under any of the above-mentioned prohibited grounds," the Czech commissioner continued.

Stihler asked the EU Commission for clarification over the issue after the Irish government ruled that the advertisement had not breached any laws, the newspaper said.