Discrimination against smokers in the workplace

August 25, 2016
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An America online Jobs readers asks:

I'm wondering what your opinion is on companies declining to simply accept programs and/or offer of employment for any smoker. Smoking may well be a health risks out of the box weight problems or disability. I live in a condition with lots of areas and one of these will begin a "smoking prohibit" for brand new employs the prior county i resided in also did that...is that this all "fair"? Where are our privileges going?

The companies claim it's related to insurance issues but my home now no employer gives employees insurance as the majority of the roles are generally part-time or periodic and never even part-time once they give employees 10 several hours. each week. Where's the justification for this kind of problem?

Where's the justification indeed? Companies are butting into employees' personal lives with techniques we never considered after i began practicing law 27 years back. Rapid response is yes, companies can won't hire you or fire you because you are a smoker . . . unless of course you reside within the 30 lucky states where this really is illegal.

What excuses do companies use to invade your privacy this drastically? You are right, the primary excuse is the fact that people who smoke have greater medical health insurance costs. However, the ACLU states this concerning the health cost excuse for discrimination against people who smoke:

[T]he Bureau of National Matters reported later that 95 % of firms that banned smoking reported no cost savings. In addition, even when there have been significant savings, the cost could be excessive. Allowing such discrimination enables, essentially, the banning of perfectly capable employees from any kind of employment - thus, denying them the chance to make a living for their and themselves families. Enabling companies to do something as "health police" won't solve our nation's healthcare crisis it'll only destroy the non-public lives of working People in america.


Within the situation as reported by this readers, the business does not even provide medical health insurance. So what is the excuse? It may sound like pure invasion of privacy, does not it? However it's legal in lots of states.
  • Tobacco-only laws and regulations: 18 states stop discrimination against tobacco customers. These states are Connecticut, District of Columbia, Indiana, Kentucky, Louisiana, Maine, Mississippi, Nh, Nj, Boise State Broncos, Oklahoma, Or, Rhode Island, Sc, South Dakota, Virginia, West Virginia, and Wyoming.
  • Authorized consumable items laws and regulations: Eight states safeguard employees from discrimination when they use authorized consumable items, which may include tobacco. These states include Illinois, Minnesota, Missouri, Montana, Nevada, New York, Tennessee, and Wisconsin.
  • Authorized outdoors activities laws and regulations: Four states say companies can't discriminate against employees who participate in authorized activities outdoors of labor. Individuals states are California, Colorado, New You are able to, and North Dakota

It ought to be noted that, even when companies can't discriminate against you for smoking by yourself time, a number of these condition laws and regulations do not require companies to supply smoking breaks, smoking areas or any lodging for people who smoke.
Source: jobs.aol.com
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