With health-coverage costs going up, especially for high-risk employees, more and more employers are looking at put smokers on the “need not apply” list. Is it legal?
The quick answer is: It seems to be legal — so far — but that depends on what state you do business in. Consider:
Federal anti-discrimination laws don’t protect smokers. So the Feds’ approach is it’s up to the employer.
There are 16 states that do have laws prohibiting employment decisions, such as hiring, based on the tobacco habits of a candidate. (But those laws usually don’t prevent employers from making life miserable for their workers who smoke — banning smoking in the workplace or charging more for health coverage are pretty much legal.)
In most states, your official application can contain a question asking if the applicant smokes. You might ask that to make determinations about the cost of health coverage. What if the applicant lies by checking the “no” box on the application? You might be justified in using the lie to refuse to hire or to later fire the person if hired. Laws vary from state to state on that one.
At least one employer has tested the waters and refuses to hire smokers. Memorial Hospital in Chattanooga, TN, doesn’t hire new employees who use any kind of tobacco products, on or off duty. How does the hospital do it? Nicotine screenings are part of Memorial’s standard drug test for new hires.
This talks about the legality or the possibility of not hiring smokers but i think we have take some time to deliberate if it is ethical ?
1) Most of the smokers in our country are from Urban areas who know its effects.
2) Is it fair to discriminate someone based on certain of their habits ?
3) Now its with smokers how about consumption of Certain types of food tomorrow and so on to speak.
4) Rather than not allowing them to work or increasing their Insurance cap is it not easy to have an employee assistance policy to help them break out of the addiction.
5) And like any addict the more you try to stop him more intense will be his urge.
I think we as HR can play the role of helping them out in coming out of this habit.
Most of them smoke when they do not have some work or when they are left free if its possible to engage them in some work and delay their dependence on nicotine for ideas it could work in the long run.
Agreed that nicotine calms down stress and for many people gives ideas but isn't it making a person be Dependant on it ?
But the tough question is that many of the HR folks also have a liking for nicotine and when these kinds of policies come where are they going to hide their faces ?
Lots to think
Cheers
Arvind !!
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