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This is a rhetorical question I just want to hear opinions:
My employer asked me if i've ever "considered going on the nicotine patch during work hours?" so that I don't take smoke breaks during the day. Is this considered discrimination? I know smoking is a choice but so is religion. That is to say, you are not born catholic, jewish, athiest... at some point in life you "choose" to honor these religious beliefs. thus if smoking = choice; religion = choice ...see my point?

2007-12-27 09:11:48 · 5 answers · asked by MARKEEONE 2 in Business & Finance Careers & Employment Law & Legal

5 answers

Discrimination? No, hardly. There are specific categories that can be considered discrimination, and there's a specific legal list including things like gender and race - smoking isn't on the list.

2007-12-27 16:42:50 · answer #1 · answered by Judy 7 · 0 0

No its not discrimination. The choice you made is effecting the work (and health). Your employee can also make the choice to not hire you in the first place, or let you go because you are costing the company to much money!
suggesting to an employee to quit smoking is minor compared to the other too. (the employee doesn't have to ALLOW smoking breaks,)

2007-12-27 17:22:32 · answer #2 · answered by Anonymous · 0 0

No it's not.

Your employer can ban smoking entirely. And if you have to run 1/4 mile to the nearest public sidewalk to smoke, you won't be smoking on break either.

2007-12-27 17:15:42 · answer #3 · answered by Anonymous · 0 0

The employer can demand that you quit smoking entirely and it is not discrimination.

2007-12-27 17:17:23 · answer #4 · answered by Aleks 6 · 0 0

Smokers are not a protected class so therefore you can not discriminate against smokers. You can not discriminate against religion.

It is legal to offer housing to non smokers and not to smokers.

2007-12-27 17:16:17 · answer #5 · answered by Tim 7 · 0 0

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