Is it discriminatory for an employer to have a nonsmoking hiring policy?

moshquerade

No Lifer
Nov 1, 2001
61,713
12
56
Just read this, and thought it was worth noting. Looks like if you smoke your job opportunities may be limited. I wonder if this will catch on...


Monday, Jan. 18, 2010
Smokers need not apply for a job
Memorial carves out plan to emphasize health focus

As if higher tobacco taxes, steeper health insurance premiums and smoke-free workplaces weren’t enough, tobacco users have one more financial incentive to kick the habit — missed job opportunities.

Starting Feb. 1, Memorial Hospital no longer will hire people who use tobacco products, making the hospital one of a small number of employers nationwide that consider smoking status in job applicants.

Under the new rule, which does not affect current Memorial employees, those offered employment at the hospital will be tested for nicotine during their required drug test, a human resources officer said. Even nicotine gum or the patch would make a potential employee ineligible.

The decision not to hire tobacco users isn’t based on potential savings in health care costs, but rather is an extension of the hospital’s commitment to health, said Brad Pope, vice president of human resources. Like all hospitals in the region, Memorial’s entire hospital campus is tobacco-free.

“I understand the concerns people have, but we are here for the health of our community,” he said. “Like it or not, what’s proven is that tobacco is the most preventable cause of death and disability in the United States. I think the Chattanooga and surrounding communities should expect this from Memorial.”

The practice of refusing employment to tobacco users began to crop up a few years ago and isn’t yet widespread, a tobacco control researcher said. Particularly in the deep South, and in a tobacco state such as Tennessee, it’s a bold move for Memorial, said pulmonologist Dr. Carlos Baleeiro, with Battlefield Pulmonology in Fort Oglethorpe

“It’s very brave of them,” he said. “I’m quite impressed by Memorial.”

A growing number of workplaces now deny employees the right to smoke anywhere on their campus, including outside. Policy prohibiting the hiring of tobacco users may be the future as the country develops a deepening social intolerance of smoking, said Jay Collum, coordinator of tobacco education and control at the Chattanooga-Hamilton County Health Department.

“Especially in a tobacco-growing state in the Southeast, this is a huge change in mindset and positioning, but we’re really behind the curve in our area,” he said.

For others, this step is a slippery slope. Some are concerned about the potential for hiring restrictions based on other unhealthy — but entirely legal — behaviors.

Tobacco-control researcher Dr. Michael Siegel, a professor at the Boston University School of Public Health, said he’s an avid proponent of education on the dangers of tobacco use, but he believes policies about not hiring tobacco users amount to discrimination.

Twenty-six states have laws prohibiting such a policy, according to a report he co-wrote last year in the journal Tobacco Control.

“The same rationale that would support not hiring smokers would also support not hiring people who are obese or people who have young children or people who don’t eat nutritious food or people who don’t exercise,” he said. “What it’s basically saying is the private behavior of people in their own homes is somehow relevant to their qualifications to work in a workplace.”

Dr. Siegel worries that if many large employers refuse to hire smokers, tobacco users — those arguably in the greatest need of health care — will struggle to gain employment and health insurance.

“WON’T BE THE LAST”

For smoker Mike Sullivan, an ICU nurse at Memorial, the new rule doesn’t come as a surprise.

“They’re not the first company to do that, and they won’t be the last,” he said.

Mr. Sullivan has smoked on-and-off for more than 30 years, quitting countless times and always going back to the habit.

Mr. Sullivan, 53, said in less than two years he’ll be eligible for retirement, and he’d hoped to come back and work part time at Memorial after retiring. But now, that would mean he’d have to kick the habit for good.

“I really think it would be a good incentive” finally to quit, he said.

This year for the first time, new recruits for the Chattanooga Fire Department can’t be smokers, a decision the city hopes will bring both savings in insurance costs and improvement in firefighters’ health.

“The main thing is to keep a healthier employee. We get ’em for 25 to 30 years or longer, and we want them to be healthy throughout their life while they’re here, as well as when they retire,” said Chief Randy Parker.

Costs and productivity consideration have led many employers nationwide, including the Chattanooga Times Free Press, to raise health insurance premiums for employees who use tobacco products and experiment with other programs to encourage wellness and help workers quit using tobacco, said Ron Harr, senior vice president of human resources and public affairs for BlueCross BlueShield of Tennessee.

“There is absolutely an increased interest by our customers in anything they can do that makes their employee group healthier and reduces their insurance risk,” he said.

He had not heard of any other employers in the state actually ruling out smokers as job applicants, he said.

The average smoker costs his or her employer $2,500 to $4,000 more each year in health care costs, compared with a nonsmoker, said Cathy Taylor, assistant health commissioner for the Tennessee Department of Health.

Nationally, smoking is responsible for an estimated $96 billion in direct medical costs and $97 billion in lost productivity annually, according to estimates from the U.S. Centers for Disease Control and Prevention.

Some are optimistic that there will be little resistance to heightened restrictions for smokers. When Hutcheson Medical Center’s campus went smoke-free last year, Dr. Baleeiro recalled that some were concerned about a negative backlash, but that never happened.

The same is true with Georgia’s partial smoking ban that passed in 2005, prohibiting smoking in most public places, he said. Tennessee passed a similar ban in 2007.

“They thought restaurants would go out of business; bars would close, and none of that happened,” he said. “I think (Memorial’s new rule) is going to be an interesting experiment to see how that’s going to be taken in the community."
http://www.timesfreepress.com/news/2010/jan/18/smokers-need-not-apply-job/
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Somebody should get denied and then sue because they allow fatties which is much worse.
 

SlitheryDee

Lifer
Feb 2, 2005
17,252
19
81
Yes, they are discriminating against smokers. The real question is whether that's the wrong thing to do.

I say they can hire people based on whatever criteria they want. But it should be all or nothing. You should either have the option to discriminate against any category of person or you can't discriminate against any of them, so long as job performance is unaffected.
 

Syringer

Lifer
Aug 2, 2001
19,333
2
71
Somebody should get denied and then sue because they allow fatties which is much worse.

Being fat can be tied to any number of factors, and there's no true definitive way of considering someone "fat".

But you're either a smoker, or you're not. It's easier.
 

marincounty

Diamond Member
Nov 16, 2005
3,227
5
76
Tobacco is still a legal product. I think this is illegal discrimination, or it should be.
Employers have way too much power in this country.
 

spidey07

No Lifer
Aug 4, 2000
65,469
5
76
Being fat can be tied to any number of factors, and there's no true definitive way of considering someone "fat".

But you're either a smoker, or you're not. It's easier.

If they can test for nicotine, they can test for diabetes, body fat, cholesterol or any other trait of being a fattie.
 

Terzo

Platinum Member
Dec 13, 2005
2,589
27
91
I guess it's legal since smoking isn't a protected class (as opposed to race/sexual orientation...as far as I know). It's certainly discriminatory though, I don't see how you could claim it isn't. Personally, I disagree with it but I guess the hospital is within its rights.
I don't smoke, if that makes any difference.

Edit: Would this be any different if turned around? Would it be acceptable to have a smoking only hiring policy?
 
Last edited:

Hacp

Lifer
Jun 8, 2005
13,923
2
81
Is it discrimination? Yes. Is not hiring stupid people discrimination? YES!
You can change your behavior if you want to be hired.
 
Nov 7, 2000
16,404
3
81
yes, and thats a good thing.

its also discriminatory not to hire a mechanic as a surgeon, but no one seems to mind that. companies MUST be allowed to hire whomever they wish.
 

whylaff

Senior member
Oct 31, 2007
200
0
0
If they can test for nicotine, they can test for diabetes, body fat, cholesterol or any other trait of being a fattie.

That would be illegal though. Obesity can easily be argued as an involuntary medical condition for some people, whereas dependency on nicotine is a result of using tobacco products. Older generations were unaware of the danger of tobacco use, but it is kind of hard to be in the dark about it now.

I’d be nervous with this policy. I know some very talented and smart people who have been unable to kick the habit. You are potentially cutting off a portion of the talent pool. I think policies that advocate quitting and provide assistance to do it are more appropriate. I can never get over the fact that these issues (tobacco use, obesity) are so costly, but no one wants to help anyone address the problem on an individual level. It is not uncommon to find an insurance policy doesn’t cover doctor’s visits for obesity related concerns until it has caused another medical issue. Same goes for smoking cessation. Not covered.
 

senseamp

Lifer
Feb 5, 2006
35,787
6,195
126
It is discriminatory, but so is a tech company only hiring engineers.
As long as its not a protected class, discrimination is OK.
 

OutHouse

Lifer
Jun 5, 2000
36,413
616
126
yes, and thats a good thing.

its also discriminatory not to hire a mechanic as a surgeon, but no one seems to mind that. companies MUST be allowed to hire whomever they wish.

not hiring mechanics as surgeons is discriminatory? lol no it isnt. how in the hell can you even compare that to not hiring a smoker?
 

dullard

Elite Member
May 21, 2001
25,215
3,632
126
yes, and thats a good thing.

its also discriminatory not to hire a mechanic as a surgeon, but no one seems to mind that. companies MUST be allowed to hire whomever they wish.
Exactly. Discrimination is a good thing if done properly. Discrimination can be bad if done improperly (such as against a protected class). But, most of the time a protected class is due to circumstances beyond their control (age, gender, race, nation of origin, most disabilities, etc). It is rare when a protected class is a class by choice. For example, it is by choice to walk around naked, but if you go naked to a job interview the employer is well within its right to discriminate.

Just about the only things of choice that are protected is religion and sexual orientation. Yet, if you think about it those aren't often by choice either. Religion is mostly based on your family upbringing and you don't choose who raised you. Sexual orientation is often genetic/womb chemical related and not by choice.
 

destrekor

Lifer
Nov 18, 2005
28,799
359
126
What about snus users?

No health effects from such nicotine use if it is snus. Almost as safe as candy, and hell, you can choke on candy! BAN CANDY!
 

whylaff

Senior member
Oct 31, 2007
200
0
0
What about snus users?

No health effects from such nicotine use if it is snus. Almost as safe as candy, and hell, you can choke on candy! BAN CANDY!

Nicotine by itself has health consequences, regardless of how it gets into your body.
 

ShawnD1

Lifer
May 24, 2003
15,987
2
81
Starting Feb. 1, Memorial Hospital no longer will hire people who use tobacco products, making the hospital one of a small number of employers nationwide that consider smoking status in job applicants.

Considering that every nurse I know smokes, there's no way this will cause problems. No way at all.
 

Farang

Lifer
Jul 7, 2003
10,914
3
0
My workplace does this. I find pre-employment screening intrusive for nonsensitive work (police, working with children, etc. have reason to screen of course). An employer has no right to inspect my urine, credit history, or really anything beyond my professional history and what I put on my resume.

Unfortunately this idea that employers get access to all of our personal information has infected out entire hiring process to the point where even low wage, menial labor openings will ask applicants to submit to such procedures. Pizza Hut wanted my social security number on a delivery driver application. Comcast wanted me to pee in a cup to help you fix your internet over the phone, Expedia shaved my armpits (literally shaved my armpits) for an $11/hour opening.
 
sale-70-410-exam    | Exam-200-125-pdf    | we-sale-70-410-exam    | hot-sale-70-410-exam    | Latest-exam-700-603-Dumps    | Dumps-98-363-exams-date    | Certs-200-125-date    | Dumps-300-075-exams-date    | hot-sale-book-C8010-726-book    | Hot-Sale-200-310-Exam    | Exam-Description-200-310-dumps?    | hot-sale-book-200-125-book    | Latest-Updated-300-209-Exam    | Dumps-210-260-exams-date    | Download-200-125-Exam-PDF    | Exam-Description-300-101-dumps    | Certs-300-101-date    | Hot-Sale-300-075-Exam    | Latest-exam-200-125-Dumps    | Exam-Description-200-125-dumps    | Latest-Updated-300-075-Exam    | hot-sale-book-210-260-book    | Dumps-200-901-exams-date    | Certs-200-901-date    | Latest-exam-1Z0-062-Dumps    | Hot-Sale-1Z0-062-Exam    | Certs-CSSLP-date    | 100%-Pass-70-383-Exams    | Latest-JN0-360-real-exam-questions    | 100%-Pass-4A0-100-Real-Exam-Questions    | Dumps-300-135-exams-date    | Passed-200-105-Tech-Exams    | Latest-Updated-200-310-Exam    | Download-300-070-Exam-PDF    | Hot-Sale-JN0-360-Exam    | 100%-Pass-JN0-360-Exams    | 100%-Pass-JN0-360-Real-Exam-Questions    | Dumps-JN0-360-exams-date    | Exam-Description-1Z0-876-dumps    | Latest-exam-1Z0-876-Dumps    | Dumps-HPE0-Y53-exams-date    | 2017-Latest-HPE0-Y53-Exam    | 100%-Pass-HPE0-Y53-Real-Exam-Questions    | Pass-4A0-100-Exam    | Latest-4A0-100-Questions    | Dumps-98-365-exams-date    | 2017-Latest-98-365-Exam    | 100%-Pass-VCS-254-Exams    | 2017-Latest-VCS-273-Exam    | Dumps-200-355-exams-date    | 2017-Latest-300-320-Exam    | Pass-300-101-Exam    | 100%-Pass-300-115-Exams    |
http://www.portvapes.co.uk/    | http://www.portvapes.co.uk/    |