Getting and keeping a job is tough enough right now, and it’s even tougher for smokers. More companies are firing or refusing to hire people who smoke. Job seekers may have to consider quitting smoking as important to their search as a polished resume.
Smokers a Burden to Employers
It’s clear why a company would want to avoid hiring a cigarette smoker in the first place: they cost more money in terms of health care, they miss more work days, and they are less productive than their non-smoking counterparts. Some places including the Cleveland Clinic, Alaska Airlines, and the University of Pennsylvania Health Care System have implemented policies of not hiring smokers for these very reasons. And once hired, employees at certain companies had better be careful when it comes to smoking off the clock; more people are being fired for smoking cigarettes on their own time, even when it doesn’t interfere with their work.
Companies with such policies argue that they are doing what’s best for the individual and that a non-smoking culture is a better, healthier environment for everyone. They also note that quitting smoking is difficult, so smoking cessation programs offered through the company would likely not work to eradicate the problem.
Those against such policies note that socioeconomic factors come into play, considering that more Americans living below the poverty line smoke (36 percent) than those living above it (22.5 percent), and that upwards of 45 percent of unemployed people smoke. Refusing to hire smokers places an unfair burden on the segment of the population who most needs work. They also say that it’s unfair to single out smoking for increasing healthcare costs, when other lifestyle behaviors, such as engaging in extreme sports or eating unhealthily, do the same.
Whether implementing such employment practices is a smart or an ethical decision for a company to make, the first question to ask is, is it legal?
Some States Offer Protection for Smokers; the Federal Government Does Not
The U.S. Equal Employment Opportunity Commission determines federal rules regarding employment practices, and they forbid discriminating against an applicant or employee on the basis of “race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.” Behaviors such as smoking are not listed, and therefore not hiring someone because of them is not illegal at a federal level.
States have their own employment laws as well, and many of them protect smokers – 29 states and Washington, D.C., as of 2013 – forbidding employers from refusing to hire them on the basis of their smoking habit. These states also protect smokers from being fired for smoking. In states without those laws, it is left up to the individual company to determine their hiring and firing practices. (Most states have at-will employment laws, meaning an employer can fire an employee for practically any reason.)
In some instances, the courts have even become involved. A 2009 case in Massachusetts upheld the right of employers to continue no-hire practices for smokers.
Affordable Care Act Gives Wellness Incentives
Maybe an employer is truly concerned for an employee’s health and the health of the company as a whole, but there’s no denying that they also have a financial incentive to rid the payroll of smokers. The new health laws under Obama reward healthy behaviors, penalize unhealthy behaviors, and encourages employers to offer more company-wide wellness programs. These financial incentives, on top of the other benefits of having non-smoking employees, mean smokers will likely continue to face unfriendly hiring practices at companies across the country.
