I interviewed someone today that was qualified for the position, but they reeked of cigarette smoke and I prefer to work with non-smokers. I feel that smokers waste a lot of time on cigarette breaks and I would prefer not to smell it on their clothes all day since I will be working closly with this person. Is there anything leagal to take into consideration here. Although he reeked of smoke, he was well dressed professionally and seemed clean. He must have smoked right before he came in or something.
2007-10-03 07:59:41 · 13 answers · asked by Hoptoad City 4 in Politics & Government ➔ Law & Ethics
Smokers are not a protected class. Feel free to discriminate against them.
2007-10-03 08:06:09 · answer #1 · answered by Michael C 7 · 4⤊ 1⤋
It depends on the laws of your state as to whether or not it is illegal. Some states are at-will employment states and an employer can hire or fire a worker for any reason. However, you must question the ethics of your decision not to hire the smoker, or you wouldn't be asking this question. If he knew you did not hire him because he smokes, he would probably quit or cut down on the smoking. That would even out the playing field, as it were, and in my view, would be more ethical. But legalities are not always ethics questions...
2007-10-03 08:07:12 · answer #2 · answered by Kimmy 5 · 2⤊ 0⤋
Some states have passed laws prohibitng hiring, firing, and benefits decisions based on tobacco use while off the job. You should check with your state department of labor.
However, you do not have to give smokers any more breaks than anyone else gets. In fact, you have the right to ban smoking on company premises if you so choose.
2007-10-03 09:01:19 · answer #3 · answered by coolrockboy380 4 · 0⤊ 0⤋
Unless your company has some sort of clearly stated non-smoking policy, it would be quite illegal for you to pass over a smoker just because of their smoking. You and your company will be liable and could face a substantial discrimination lawsuit. Keep the position open until you find someone more qualified...who, conveniently for you, does not smoke.
2007-10-03 08:29:23 · answer #4 · answered by Anonymous · 1⤊ 0⤋
You are a very narrow minded individual.....If this person is well qualified for the position and you want to pass this person over because this person smokes that's wrong...You need to justify your cause for passing this person over...That is discrimination.
Unless its in the job description "Persons can not smoke cigarettes cigars pipes throughout their employment" then you cant....I have seen positions that require a candidate to be smoke free.
2007-10-03 08:38:51 · answer #5 · answered by Anonymous · 0⤊ 1⤋
Depending on where you live it is legal to not hire someone for that reason especially if they are going to be getting company insurance. In some places it's also legal not to hire someone that is real overweight because of the health problems that they have because of there weight.
2007-10-03 08:46:41 · answer #6 · answered by CrazyGrl 3 · 0⤊ 0⤋
In most places there are no laws against refusing to hire someone based on their drug habits, and there are many companies that do not hire smokers.
2007-10-03 08:09:37 · answer #7 · answered by ? 5 · 1⤊ 0⤋
I don't know if it is illegal, but I think it is wrong. This is what he does on his own personal time. Why do you care what he does on his breaks. That is why it is call a personal break.
2007-10-03 08:09:09 · answer #8 · answered by mia 2 · 1⤊ 2⤋
Do you own your business?
If you do, then, YOU have the right to hire whomever you want to work for your company!
2007-10-03 08:07:15 · answer #9 · answered by Johnny D' Venison 3 · 2⤊ 1⤋
If it is a government job, then yes. If it is a private company, then no.
2007-10-03 08:08:02 · answer #10 · answered by Chris 5 · 1⤊ 1⤋