Employer won't hire smokers...and it's legal

[e-man67]

http://news.cincinnati.com/article/20090615/NEWS01/306150017/1055/NEWS/Humana++We+won+t+hire+smokers

 

[smokinghole]

Now when they say productivity would a cigar smoker whom does not take smoke breaks qualify as a non-smoker?

I've always looked at smoking as a two or three slice pie chart. There's cigarette smokers (largest slice), then cigar and pipe smokers. The latter of the two don't really take smoke breaks because they need a bowl or a cigar. I still don't consider myself a "smoker" in the common definition of it because most of the time when someone says that they imply cigarettes. Hell even the doctors I've seen ask and I say "well I smoke cigars" and they say "ooh that doesn't really count in my eyes, I don't lecture pipe and cigar smokers".

We're moving towards a greater society. Soon we won't be allowed to swear in our own homes with out paying a fine.:nono:

 

[Moro]

How can discrimination be legal?

 

[SkinsFanLarry]

There's at least one state that it's against the law to smoke in your own car with your kids if their under 18.

....in other states they've modified the "Crack Law" and stated you can't smoke within 500 feet of a school.

....in Rockville, Md you can't even smoke outside with the town limits!

 

[Electric Sheep]

How can discrimination be legal?

Discrimination isn't illegal. Discrimination in employment CAN be illegal, but only if an employer isn't treating equally qualified and similarly situated employees--or potential employees--equally. However, not all discriminatory actions are against the law. There are in fact only a handful of laws that regulate job discrimination:

* Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
* the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
* the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
* Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
* Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
* the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Essentially, you cannot discriminate in employment on the basis of:

* sex
* race
* color
* religion
* age
* national origin
* disability

Discriminating for anything else is (generally) completely legal.

So if an employer doesn't want to hire you because you're a smoker, or a drinker, or a NASCAR fan, or a competitive swimmer, or you dress like a slob, or you stink, or you're wearing a bow in your hair, or pretty much anything else they come up with except lawfully protected groups in the list above, then they're totally within their right.

 

[Moro]

...Discrimination in employment CAN be illegal...

Pardon, that's what I meant.

 

[avid toker]

Ha, I was just in their buidling a few weeks ago. From perusing their cafeteria at lunch time, they had very healthy lunch offerings I must say. Their smoking cessation programs were advertised all over the lunch area. For a insurer, it's no surprise they don't want to spend millions on employees who are smokers or obese.

 

[SkinsFanLarry]

My doctor tried to get me into a smoking cessation program, I told him very straight forward I was not interested and he doesn't bring it up anymore!

 

[e-man67]

Yup, I pay $40 per month extra for health insurance through my employer (not Humana) b/c I smoke cigars. The wording is something like if you partake in any tobacco product within a 3 month time period you are a user...so you must either join their program to quit or pay extra per month. Now in the winter I may smoke 1-2 every 2-3 weeks or so but that doesn't matter. I don't mind paying the extra b/c I know it is a health risk but at the same time we have 400+ lb people working here that I am certain are a greater health risk than I am!

 

[SkinsFanLarry]

Didn't you know my friend, Obesity is a disease now.....smoking is by choice! :cbig:

 

[Shmear]

Now when they say productivity would a cigar smoker whom does not take smoke breaks qualify as a non-smoker?

I've always looked at smoking as a two or three slice pie chart. There's cigarette smokers (largest slice), then cigar and pipe smokers. The latter of the two don't really take smoke breaks because they need a bowl or a cigar. I still don't consider myself a "smoker" in the common definition of it because most of the time when someone says that they imply cigarettes. Hell even the doctors I've seen ask and I say "well I smoke cigars" and they say "ooh that doesn't really count in my eyes, I don't lecture pipe and cigar smokers".

We're moving towards a greater society. Soon we won't be allowed to swear in our own homes with out paying a fine.:nono:

I agree with you too and i also think of it that way.

 

[Saully]

Discrimination isn't illegal. Discrimination in employment CAN be illegal, but only if an employer isn't treating equally qualified and similarly situated employees--or potential employees--equally. However, not all discriminatory actions are against the law. There are in fact only a handful of laws that regulate job discrimination:

* Title VII of the Civil Rights Act of 1964 (Title VII), which prohibits employment discrimination based on race, color, religion, sex, or national origin;
* the Equal Pay Act of 1963 (EPA), which protects men and women who perform substantially equal work in the same establishment from sex-based wage discrimination;
* the Age Discrimination in Employment Act of 1967 (ADEA), which protects individuals who are 40 years of age or older;
* Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), which prohibit employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments;
* Sections 501 and 505 of the Rehabilitation Act of 1973, which prohibit discrimination against qualified individuals with disabilities who work in the federal government; and
* the Civil Rights Act of 1991, which, among other things, provides monetary damages in cases of intentional employment discrimination.

Essentially, you cannot discriminate in employment on the basis of:

* sex
* race
* color
* religion
* age
* national origin
* disability

Discriminating for anything else is (generally) completely legal.

So if an employer doesn't want to hire you because you're a smoker, or a drinker, or a NASCAR fan, or a competitive swimmer, or you dress like a slob, or you stink, or you're wearing a bow in your hair, or pretty much anything else they come up with except lawfully protected groups in the list above, then they're totally within their right.

Thanks, Duane. This is exactly what I was thinking, but I would've been too lazy to research all of the laws.

Somewhat of an exception is California, where the state's Unruh Civil Rights Act is used to prevent almost any type of discrimination between classes of people. And many states specifically include "marital status" and "sexual preference" in their list.