Companies stop hiring smokers: Is that legal?
August 12, 2008 by Sam NarisiPosted in: Background checks, In This Week's E-Newsletter, Latest News & Views, Law
In an effort to lower health care costs, some companies are refusing to hire smokers. HR’s big question: Is that legal?
Answer: It depends where you are.
There’s no federal law banning “tobacco discrimination,” but that doesn’t mean the states are OK with it. For example, Connecticut has a law explicitly granting smokers’ rights.
It says: “No employer or agent of any employer shall require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his employment.”
Also, a few states (California and New York, for example) have laws against making employment decisions based on people’s legal, off-duty activities.
What’s it mean for HR? If your company’s thinking about putting the kibosh on employee tobacco use, make sure you check your state and local laws first — or, some experts say, think about helping employees kick the habit, rather than getting rid of them.
Tags: refusing to hire smokers, smoking, tobacco use, wellness
August 15th, 2008 at 1:25 pm
I find this very interesting… We are a company in South Eastern PA, employ 40 people and we do not have to fill out the health questionnaire on our Health Ins. forms due to our location. We have high rates due to our demographics, I wonder if they would be higher if we were required to tell how many smokers we have. But if we don’t have to fill anything out because of location, how can Insurance companys charge more for smokers - it just seem inconsistant!
August 19th, 2008 at 1:14 pm
As more and more people quit smoking and we continue the trend toward smoke free workplaces – including all company property inside and out – this will in the near future become a self-liquidating problem. Until then, it should be a matter of course to not hire smokers. This is not limiting a smoker’s freedom. Indeed, they are free to choose to smoke or not. At the same time, you should be free to refuse to hire a nicotine addict the same as you would refuse to hire any other drug addict. Sad to say, as the post points out, several states have fallen under the influence of tobacco industry lobbyist.
August 22nd, 2008 at 2:45 pm
I think comparing nicotine addiction to an implied illegal drug addiction is a little harsh. Nicotine, right or wrong, is legal. If companies are looking solely at saving medical expenses then I have to go with the train of thought “what is next..?”. It is sad to think that employers may be passing up hard working assets because of what might be a medical expense in the future. My father turned 81 this month and still smokes about a pack a day. My Uncle retired at age 78 and smoked until he died last year at age 84. Yes I am a smoker also. Trying to determine who is going to be a drain on your medical expenses and who isnt is about like going to the casino. Sooner or later your going to have to pay no matter what game it is. Why not regulate hospital and doctor fees? I think the majority of people really dont care if they have a 48″ flat screen with cable in their room, or an expensive art collection on the hallway walls. Hospital advertisements are filling the media also adding to the cost of medical expenses.
August 29th, 2008 at 11:27 am
I think this is absolutely ridiculous. High health care costs can be attributed to so many different casues not just smoking. Should we then stop hiring those who are obese because as we all know, obesity is known to cause heart disease and diabetes (just to name a few). Smoking is legal just as drinking alcohol. Should we stop hiring individuals who have a glass of wine at dinner because they may one day become alcoholics or suffer from liver disease.
I’d also like to touch on many comments I hear that smokers are lazy and are subpar performers. This is silly to say the least and is a complete generalization. Yes I’m sure there are many smokers who don’t meet their employers expectations, but on the same token there are many smokers who exceed expectations consistently and are anything but lazy. Obviously If you can’t tell I am a smoker - I’m a top performer and anything but lazy.
September 11th, 2008 at 7:43 am
Discrimination in our country is ALIVE and WELL and it should be illegal, we create laws in this country and we cannot prove or inforce them.
We are losing our freedom, it is now recommended that you google yourself to see what an employer might find out about you.
Is it even safe to assume free speech and posting to a site like this your opinions? It could lose you a job and your American Dream.
I could write a book on this topic I just can’t believe they are allowing this type of discrimination in hiring to happen. Many think it is only a smoking issue and smoking is bad so it is good thing. Personally I can’t wait to see what other types of discrimination evolve. I wonder as the poster above stated smokers are lazy and subpar. Do you suppose all the people in this nation who are dependent on Anit Depression medication are lazy and supar. The healthcare community is handing out anti-depressants like candy, and if your child has a lot of energy and you can stand it just load them up on legal drugs.
October 3rd, 2008 at 12:09 pm
I do not believe I would accept a position with a company that tried to control my legal non-work-related activities while I am away from the workplace. This is a much larger issue than the current ‘buzz topic’ of smoking.
October 3rd, 2008 at 1:04 pm
Is it illegal in any state to not provide smoking area’s on company property? If not, then in hiring an individual it should be stated that the company does not allow smoking on their property. Employees should refrain from smoking while on company property. This would give the prospective employee an opportunity to not accept the position.
I personally am disgusted when I walk into a business establishment and have to breath the second hand smoke from employees that just step out the door to smoke. I believe that is against the law just as much as it is against the law to smoke indoors, but smokers refuse to follow that law and it is not being enforced.
October 11th, 2008 at 6:52 pm
Sandy,
It is a good thing or hopefully you don’t work in health care, because then poor girl you would be exposed to a great deal of foul smells wonder how those hard working dedicated nurses handle it.
Maybe they are just strong people, not ultrasensitive - THANK GOD!