HIRING SMOKERS

The influence of smoking on hiring decisions

The influence of smoking on hiring decisions

Introduction

No law exists at the federal or state level granting a person the right to smoke, as of 2011. It's a privilege. As employers begin to look more closely at the effects of smokers on the workplace and health insurance policies, many companies have enacted hiring practices that weed out tobacco users. Some states have reacted by enacting laws making discrimination against smokers in hiring illegal.

State Tobacco Laws

As of 2011, federal and state laws in the United States do not protect the rights of smokers in the workplace. This has enabled employers to enact bans on smoking in and around the workplace and also to refuse smokers breaks in which to indulge their habit. The right of nonsmokers to breathe cleaner air has taken precedence. Some states, including Nevada, have passed laws that make it illegal for employers to bar employees from smoking during nonworking hours (Hughes, 2002).

Discrimination in Hiring

Approximately half the states in the nation, including North Dakota, have laws in place that make it illegal for an employer to discriminate against a smoker during the hiring process. According to "The New York Times," these laws are in response to an increasing number of employers who choose to ask job applicants if they smoke and make their hiring decisions based on the answers. In a bad economy, turning workers away for reasons not directly related to job requirements, including a smoking habit, can make it even more difficult for these workers to find gainful employment.

Medical Employer Policies

As of February 2011, hospitals and other medical institutions in states with laws permitting discrimination against smokers, including Pennsylvania, Texas, Tennessee and Massachusetts, have stopped hiring medical personnel who smoke, according to "The New York Times." The goal of ...