Policy reads in full:
Smoking is prohibited during business hours, on company premises, and while conducting
business at customer sites. It is company’s preference to hire only non-smokers.
Company is not the owner of the building which resides in Pennsylvania. There are also remote offices throughout the US with individuals where this policy is not enforcable (especially since some of these offices reside inside personal residences.) There are also China offices where I am not sure if this policy even applies.
2007-07-17 09:30:56 · 10 answers · asked by John F 1 in Politics & Government ➔ Law & Ethics
An private employer can hire (or refuse to hire) someone on ANY basis EXCEPT those that are specifically prohibited by law.
I don't see any legal reason they could not have a policy against hiring smokers. It does not discriminate on age, sex, race, religion, or sexual orientation (for any states that prohibit discrimination based on that), so I don't see why they couldn't do that.
2007-07-17 09:35:50 · answer #1 · answered by Scotty Doesnt Know 7 · 6⤊ 1⤋
Despite the claims of smokers that smoking is a fundamental right (like voting or marriage) or smokers are suspect class (like race or ethnicity), they are wrong.
It is perfectly legal to "discriminate" against polluters. I could have a policy of not hiring someone who has been convicted of littering. Or a policy that employees must place recyclables in the recycling bin and if someone places a recyclable bottle in the trash fire them.
Polluting is the a protected right.
2007-07-17 10:25:32 · answer #2 · answered by Anonymous · 1⤊ 0⤋
It's their building in that they are leasing it. Unless the lease precludes that (it clearly doesn't) it's legal.
It's their company they can choose not to hire anyone they like as long as that policy does not discriminate against hires on race, religion, etc. Smokers are not a protected class.
Where the law prohibits a policy (including internationally) the policy can't apply. So, what?
2007-07-17 09:38:54 · answer #3 · answered by Atavacron 5 · 3⤊ 0⤋
It's absolutely legal. Labor discrimination laws at the federal level, and to my knowledge in all state laws as well, prohibit basing hiring decisions on certain protected classes such as race, sex, and religion. Smoking is not a protected class.
2007-07-17 09:37:52 · answer #4 · answered by Michael C 7 · 3⤊ 0⤋
anywhere - across the board...this is an acceptable legal position for a company to take.
they are paying for liability insurance at the building and they are probably paying for your health insurance...so they want to make sure that you are as healthy as possible.
I had a telephone interview a few years back and the first question they asked was "Do you smoke?" I was also, as you are, shocked that they even asked that question...but later i did some legal digging and found out that it is connected to the health insurance issue.
good luck
2007-07-17 09:35:59 · answer #5 · answered by Blue October 6 · 4⤊ 0⤋
They can legally do this....a company can have a policy that it doesnt hire people who wear white socks if they want...smokers are not a protected class
2007-07-17 09:33:54 · answer #6 · answered by Anonymous · 7⤊ 0⤋
Gotta pass with chef for LuvzHummingbirds - she likes to cook dinner and he or she's a perfect Contributor in Cooking & Recipes. Peace, bill (((JA))) - Why are not we contacts? For the record, I provide my spouse massages each and every of the time...massive stable palms, you recognize.
2016-09-30 05:10:47 · answer #7 · answered by raj 4 · 0⤊ 0⤋
I'm no lawyer but I don't think they can discriminate against smokers any more than they can discriminate based on sex, race, religion or sexual preference. Since it's a personal issue I think its off limits.
2007-07-17 09:39:08 · answer #8 · answered by skullklipz 3 · 0⤊ 5⤋
Yes it is.
2007-07-17 09:35:28 · answer #9 · answered by Greg 7 · 2⤊ 1⤋
I DONT THINK THEY CAN DO THAT I LIVE IN MARYLAND AND I HAVE NEVER HEARD THAT
2007-07-17 09:34:50 · answer #10 · answered by becky w 1 · 0⤊ 6⤋