Should it be legal to not hire people solely because they smoke?

[Lynda/WA]

Should a company be allowed to say they refuse to hire anyone that smokes even if that person only smokes at home? The argument is that smokers are sick more often increasing the cost of health insurance for everyone else. This includes people that are as qualified or even more qualified than non-smoking applicants.

[Tessa]

Whether or not you decide to hire someone should be based on their ability to do the job.

If it was ok not to hire someone because they smoked and therefore could have more time off from work because of sickness, then would be it ok to not hire a woman because she might get pregnant? Would it be ok to not hire a parent in case his or her child gets sick? Would it be ok not to hire and older person because they might get age related diseases? would it be ok not to hire an overweight person because they might develop heart disease? The list could go on.

Personally I hate smoking, but when you are hiring staff, you have to look at whether or not the person is suitably qualified and take into account their enthusiasm and commitment.

[Amy2]

I think it might depend on the job. I mean, if the workers have to be in close proximity, it might affect the other workers. Smokers stink. I sing in a choir, and had to stand by a woman who smoked and it almost gagged me! That said, should you be able to not hire someone with bad BO? I don't know. Personally, I think people should be able to hire whomever they want. If someone didn't want to hire a woman, I wouldn't want to work for them anyway! But that's just me. Now, if the person were hired and then discriminated against, that would be a different story.
Amy

[Lynda/WA]

I agree with Tessa's answer 100% which is why I was so shocked to discover that it is legal in some places! The Florida supreme court ruled that it is legal in a case that came before them. I think the other case I heard of was a city government in Missouri. The radio talk show that I heard about this on first read a letter/ statement from the spokesperson for the government agency that had just implimented this policy. Later in the show he read the same statement but substituted HIV poisitive in place of smoker.

[Mickey]

I know that alcoholics and drug addicts are covered under the Americans With Disabilities Act. Guess smoking is an addiction, too, but I don't know of anyone entering a rehab center for smoking. And it doesn't impair your ability to do a job--unless you can't concentrate and do your work because you're dying for a cigarette?

What about right to work States (I think Florida is one as well as Nevada)? You are an "at will" employee here and can be let go for any reason or no reason at all. As an employer, you just say, "Your services are no longer needed." No reason needs to be given. I've always heard that you can be fired here if your boss doesn't like your new haircut. Don't think that would be listed as a reason in a notice of termination, but...

[kat]

No. If they can do the job and they demonstrate good attendance in previous jobs and continue in their current job. I hate smoking. Like Amy I find the lingering smoke offensive. My sinuses clog up when I'm around smoke for very long. I hired a housekeeper who smoked, but it was made plain up front that she could not take a smoke break inside my house.

[Lynda/WA]

Mickey - interesting point about smoking being an addiction and other addictions covered under the dissabilities act.