Is it legal for a compnay to not hire an individual because they are a smoker? Is that discrimination?

John in AZ

No it's not discrimination.

The smokers who work for me sneak off and take extra breaks that the non-smokers don't get (that's discrimination against me and the non-smokers). I have to constantly babysit them to ensure they are actually working and then there is the mess they leave wherever they decide to through their trash. I have to pay a non-smoking employee to clean up around the facility for two reasons, 1. I want a clean presentable facility and smokers don't seem to care about that.(sadly, the majority of the trash is smoking related). 2. The smokers I've tried to make clean up, sat around smoking instead of cleaning.

I don't hire smokers if I know they are. Don't get me started on second hand smoke or the disgusting odor that smokers emit when I have to talk to them in my office.They are an irresponsible group of people. Their productivity level is well below the non-smokers.

The conversations I hear them engage in usually revolve around...how they should get paid more because of how valuable they feel they are to the company (while sneaking 1 to 2 hours of extra breaks each day)...how they are so broke they can't afford to pay attention (while smoking three, $4.00 packs of cigs a day and chugging a $5.00 Starbucks)....how mistreated they are because I expect that they should do their jobs...etc., etc.

Smoking is a filthy nasty habit that negatively affects everyone around the smoker. If you're going to smoke, keep it to yourself and quit expecting to get paid to smoke.

sahel578

No, smokers are not a protected class.

?ms.dank

No it's not discrimination. When they drug test people, Is that considered discrimination? I think not. Cigarettes ARE indeed a drug (not to mention a health hazard) sorry.

Zenkai

I seen a report, it is legal, because smoking is a choice and it cost the company a lot more in health insurance. Some companies even go so far to tell you what extreme sports you can and cannot do!

Bill H

Yes it's legal

See link below

jo-jo

Smokers take more breaks, and have more colds which means use their health insurance more often. Companies are looking at all that as a waste of money.

heart o' gold

Smokers are not a protected class, so it is not discrimination under the law.

I've heard of companies with this sort of policy and frankly, if I owned a business, I would probably consider smoking a negative in an applicant. I work with a smoker now, and while she's very discreet about it, I can smell it on her sometimes and it gags me when I do. She also takes numerous breaks during the day to go out and smoke, and since she's the main person who answers the phones it puts and extra burden on me and everyone else relating to the phones, which I don't like because I am very busy.

Smokers also have weakened immune systems, which means more time away due to illness, higher medical costs and higher insurance premiums for the company. To me, there are also negative lifestyle and self-care issues there.

If I were a business owner, I'd want to pick the very best, talented, positive minded and healthy people I possibly could to work with me, and smoking is definately a negative in my book.

celexa

yes, it's legal. Smokers stink up the work place and take to many smoke breaks.

D puerto rican kid

even though it is bad i believe they shouldnt take the right of not working and it depends were he works they should just tell him that not to smoke there and thats it if he dont like it than bad for him fire him or something

Best answer usually the simplest

sure it is legal. Does that company make gunpowder? or work with gasoline? Or fills oxygen tanks? Or deals with the health of others? In all cases you would have to butt out the entire day(which means you would quit anyways costing them time and money) so why bother hiring you?

Bob

At my job, they will only hire smokers if they agree to quit. The company will pay for smoking cessation classes however. If you refuse, you don't get hired, and if you start smoking afterwards, you get fired if you don't stop. People that smoke smell disgusting all the time, they deserve to be discriminated against, like you wouldn't hire child molesters to work at a school.

howie r

no, its not discrimination. its just common sense.

Bob J

Yes they can discriminate. Discrimination has been made a bad word by idiots. Everyone discriminates all the time. What would an interview be for if the employer was not allowed to discriminate.

sirbobby98121

It may be discriminating, but not discrimination...

And not illegal.

bandana.mama

Smokers are not a protected 'group'. They can choose not to hire smokers because of the risk of their insurance upping, the fire insurance can get raised, and it may have to deal with the work you do. If you're working with infants, some places will deny smokers. Some farms will as well as tobacco can poison some plants, such as tomatoes.

It's not discrimination because you choose to smoke, as much as some smokers may not feel like they have a choice where addiction is involved. We don't choose what ethnicity to be, which gender to be [except in extreme instances :)] or even what faith we've been raised in.

Bob H

According to the 6 o'clock news, it's different in every state. In Florida it seems to be legal. That mutt on the report, of course, claims he's doing it for their health, when actually, the insurance rates go down. He prolly charges the same and keeps the difference. Never live in a "Right to Work" state.

mommanuke

I guess if it's legal for a city to tell a business that they cannot allow smoking on their grounds, then it's legal for a business not to hire a smoker. What would be best is if people stopped the hypocrisy and just made smoking tobacco and drinking alcohol and caffeine illegal like all the other mind-altering drugs.

manfromcrete@verizon.net

no, SAM Beninese for safety problems require a non smoker.or is not enough room for a smoker,

Answer Doug

I seem to remember seeing a discussion of this somewhere. If the person's job relies on their being up close to people (Dental Assistant) or in an environment where contamination is an issue (Lab Worker) then it might be. Otherwise, no, although a company has a right to prohibit smoking in the office.

strech

Legally, no, it's not illegal. The Courts have already ruled on this one.
Morally, ethically?????

jim1

yrs ago it was but i wouldnt be surprised today the way that society is down on smoking and all the health issue that usually accompany smoking,that they are legal to refuse employment to smokers

the only way that it may be illegal is if the perspective emplyee can give one good reason why they need to smoke

Scott B

Alot of companies are doing this because of the extra cost of health care. I think it is stupid, but I guess it isn't illegal because they are doing it and have not had the court make them stop. Diabetics, old people and people with all types of chronic illnesses cost companies more than the average worker, so I don't think that it should be legal, but smokers are always discriminated against and nobody cares. If they tried to do the stuff to gays or blacks or any other group that they do to smokers, they would have their heads removed.

Sandy Sandals

It's legal but it does seem intrusive and discriminatory. Some employees of the cigarette maker Phillip Morris aren't allowed to smoke.

John in AZ, sounds like you need to put a foot in someone's azz or make your facility grounds non-smoking. I'm a smoker but I don't expect someone to pick up after me, and I go all day without a smoke.

psycho *****

i would say so

â™¥ Roodey

i think its legal , but its stupid !!!

Rory D

yes it is discriminatory. just dont understand why they put so much emphasis on smoking. do they know that emissions from motor vehicles is much more dangerous? and to think that perhaps it will take a thousand smokers to beat emissions from a smoke belching truck.

chmar11

It kind of sounds like discrimination.

wesleychapel2008

What has happen to this country? there are many things people do that are bad for them, but that is there right to choose to do. So next it will be since you eat potatoes chips drink beer chewing gum you can work here because I don't like that. This is stepping in the wrong direction. It's seems it has come down to a personal preference in the work place. If your employer don't smoke then it's wrong. And that is how your judged. This is a stepping stone back to your employer controlling everything you do in and out of work. Will we next have to call them master. If employers have a problem with it that bad they should fight to make smoking illegal not try to control the life's of people who work for them.

sheri

I just got turned down from a company because I admitted I socially smoke. I do not bring smoking in my home, in my vehicle and I do not smoke at work. I have an occassional cigarette in a social setting. I thought I was being honest when answering the question on my phone interview, this was the very first question, I also sincerly thought it was for health insurance reseaons, which I agree with. I didnt think it was a prerequisite for hiring. I completely agree witha a smoke free facility and I am on the company's side with have a clean evironment in and out. I feel totally discriminated against. I was being honest but consider myself a non-smoker, I was completley baffled. The interviewer said she couldnt go any further in the interview and they DO NOT HIRE SMOKERS. I really feel it is on the same lines of not hiring because your pregnant. Its one of those things that should be a prerequisite. If you hire someone and they are taking extra breaks and all of these other gripes then fire them! Its not because the smoke it is the person they are! SO next time I guess the right thing to do is lie so I can provide for my family. This is abolutely rediculous and something needs to be done. Its and additiciton for some ppl like alcohal and some companies pay for recovery!! COME ON PEOPLE!

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