Tuesday, April 15, 2014

Not Employing Smokers is This Legal ?

I recently encountered a situation that I feel is unfair discrimination and should not be legal.  I have been in search of a new job after being fired 2 weeks ago so I applied to several local hospitals all of which are owned by the same company and after doing some research on the company I came to realize that I would not be hired by them because
not hire smokers job offer
they do not hire smokers.  There career website states that a pre employment nicotine test will be performed and if the results are positive they will rescind  the job offer.  My first thoughts were anger and outrage then my mind turned to the legality of this.  Is it legal for an employer to discriminate in such a manner?  The answer is yes in 21 states and here is what else I found.


  • Tobacco-only laws: Eighteen states prohibit discrimination against tobacco users. These states are Connecticut, District of Columbia, Indiana, Kentucky, Louisiana, Maine, Mississippi, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming.
  • Lawful consumable products laws: Eight states protect employees from discrimination if they use lawful consumable products, which would include tobacco. These states include Illinois, Minnesota, Missouri, Montana, Nevada, North Carolina, Tennessee, and Wisconsin.
  • Lawful outside activities laws: Four states say employers can't discriminate against employees who engage in lawful activities outside of work. Those states are California, Colorado, New York, and North Dakota
So however unfair it may seem I can do nothing but look for employment elsewhere.  The thing that is most upsetting is that I would attempt to quit smoking since its a disgusting habit that I need to break anyway but I would not be able to utilize any of the smoking cessation aids available such as nicotine gum, nicotine patch or vaper electronic cigarettes since they all contain nicotine.

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