You are a member of the local health food cooperative retail store (co-op) in Detroit. At the co-op’s monthly membership meeting, the manager says the store has adopted a new policy to prohibit hiring any person who smokes. The co-op already prohibits smoking in the workplace (as required by the state’s “Clean Indoor Air Act”). The new policy would bar hiring smokers even if they don’t smoke during working hours. Is the proposed policy legal—

can the co-op refuse to hire anyone who smokes?

Would your answer be different if the co-op was in Buffalo, N.Y.? Explain.