cigarette smokers not being hired? Also having test done checking for tobacco..is this legal?

Question

I just saw on the news that a place in chicago will not hire ppl that smoke. And they will have to take a tobacco test and drug test to keep job. I think this is not right cause smoking isnt illegal and i think it is discrimination. I dont think thats right... what do u think? are they not EOE anymore?

even if the smoker doesnt smoke at the job. thats fine..but not being able to get the job cause u smoke when ur not at work?

Answer 1

Yes, it's legal. It's already been challenged in court and upheld.

Answer 2

Well it depends on the type of store your working in I would say. In a store where there are kids around all the time or a restaurant where in some cities smoking has been prohibited from being there I would see the no smoking thing as a good thing. other places of work like, bars, cigar shop, I don't see the point.
Anyway Its not really discriminating against you in my eyes, starting in a few cities such as San Antonio, and Corpus Christi smoking in public places has been prohibited from occurring. The only exception is in restaurants where the smoking room are actually sealed off and vents have increased. So they might just be stopping employees from breaking the law?

Answer 3

I think the laws vary state to state. According to research, smokers take more sick days, more breaks, are not as cost effective to insure, and the odor of smoke is an irritant to other workers. I'm not saying smokers stink, but most anyone who doesn't smoke can identify someone who does by the odor of their clothes. I don't think this is right, but as far as legal, who knows? Where is the line drawn? Maybe I won't be able to get a job because I am overweight by 30 pounds. I may not be able to pass the cholesterol test.

Answer 4

I was a smoker for years... and I do not smoke now, nor will I ever smoke again, but smoker are more expensive to insure, not because young smokers are more ill then their non smoking counter parts... but because the insurance underwriters will not give a smoker a break. While smoking, I was EXTREMELY productive (won national honors and awards, top 1% in my company, etc.), I NEVER missed work (had no sick days in 8 years once... I usually blew the "no sick days" streak by having a child or an appendectomy). Yes... smokers usually stink. Companys can do what ever they darn will want to when it comes to smokers, since smokers are so wildly unpopular. Look at the movies.... smokers are either criminals or they are nice people who are trying to quit.

Answer 5

This is interesting...I'd suspect that they are setting themselves up for legal challenges here, but there are arguments on both sides to be made. There is no case precedent for this of which I'm aware. Here are the arguments I'd make from both sides:

Employer:
-lower health insurance premiums per risk assessment
-more productive employees (no cig breaks, less absenteeism due to smoking-related disease)
-no potential legal exposure to secondhand smoke claims from employees down the road
-less cleanup after smokers from grounds crew, cafeteria staff, etc.

Employee:
-loss of privacy rights
-smoking could be prohibited during work hours only, as you point out (similar to alcohol consumption)
-alcoholism and drug addictions are both protected disabilities under the ADA (with restrictions.) Smoking is highly addictive and should thus be treated in the same manner.

We'll have to wait and see how this one pans out in court - should be interesting. Good luck.

Answer 6

I think it should be illegal. It's a nasty habit and a lot of smokers could care less who is breathing in their toxic smoke.
I hate it when I am in a place of business and the employees stink like cigarettes. Or cigarettes and heavy perfume. Thats the worst!
Even if you dont smoke at work, your still going to stink like cigarettes and you will be all crabby and freaking out all day at work because you cant have that cigarette you want so bad.

Answer 7

Yes, it's legal, for insurance porpoise. I'm a smoker too, I wish I will quite one day. Very soon we are not be able to smoke any ware in Chicago, I support you, but there write, people dying from smoking, we should try to quite.

Answer 8

You can choose to smoke, you can't choose your color.. Sorry.
It may be BS but it is legal. Bet on it.
Don't waste your time saying discrimination, and EOE has no application here.

Answer 9

Its not descrimination because they are basing it off of a habit, not a feature of your person or something you can't change. Personally I think its a good thing. It makes for a great anti-smoking campain. Just think of how little lung cancer there would be if every place of employment required you to stop smoking

Answer 10

Cigarette smokers cost more to insure, take more sick days, are less productive at work, and stink.

I wouldn't hire a smoker.

Answer 11

Smoking is not illegal, and to not hire someone because they smoke is discrimination. It definitely sounds illegal to me.