Due to the increasing cost of health care, many employers are preferring not to hire smokers.
While laws preventing discrimination in hiring practices are commonplace, whether or not smoking is protected under these laws depends largely on where the job applicant lives. Only 16 states have laws expressly protecting smokers.
Reasoning
Some employers, such as police and fire departments, have started to discouraging the hiring of smokers due to the levels of physical fitness required by the job. Others, such as private businesses and hospitals, discourage hiring smokers because of rising health care costs, as well as the impact of more frequent illness among smokers on their coworkers.
Legal Options
The fact that smokers take more sick days is one reason employers may choose not to hire smokers.
Employers who wish not to hire smokers should make sure that this desire is stated clearly in any information about the job opening, and should have smoking-related questions on the application, so that any potential applicants know whether or not their tobacco habit affects the likelihood of being hired. Also, if those who only smoke occasionally are considered "smokers" by the company policy, this needs to be communicated clearly to applicants.
Other Options
Even if there are laws in place preventing discrimination against smokers, there are no laws which state that employers must allow smokers to smoke in or near the work place. Employers also are not required to allow extra time or "smoke breaks" to smoking employees.
Tags: hire smokers, health care, hiring smokers, preventing discrimination, there laws
