Detroit comes under the US state of Michigan and Michigan does not have any law that protects the employees from discrimination based on off-duty conduct. Hence the cooperative retail store can refuse to hire smokers if the store is located in Detroit.
The New York State labor law protects off-the-job activities of the employees and prohibits employers from discriminating against employees based on their legal off-duty activities involving legal use of consumable products which covers tobacco. The cooperative retail store can prohibit smoking in workplace but it cannot discriminate against smokers in the process of hiring if the store is located in Buffalo, New York.
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