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Posted: 2002-12-11 12:22
A friend of mine recently applied for a general labor position in a warehouse for which he was more than qualified for. He was essentially "hired" pending the results of a standard drug test. The company promotes a "Non-Smoking" work environment and they will not hire smokers (however, he was not told that at any point during the interview process). When my friend's drug test came back, he had nicotine in his system from chewing tobacco and was denied employment. My question is whether or not this is discrimination? Chewing tobacco is a form of smokeless tobacco and nowhere was he told that the company does not hire tobacco USERS....they just don't hire smokers. When he told them he doesn't smoke, only chews, they stated that couldn't be determined by the test results and they will not hire smokers. Any thoughts would be greatly appreciated. Thank you.
cbetler
Joined: Sep 13, 2001 Posts: 176
Posted: 2002-12-11 12:43
As explained many times here, sure it's discrimination. BUT, it's not illegal discrimination, that has to be based on sex, race, etc. I can't imagine trying to hire our labor positions without hiring smokers, but it's the company's choice.
dluchowski
Joined: Dec 11, 2002 Posts: 2
Posted: 2002-12-11 12:45
Thank you for your reply. I guess our main confusion was the fact that he is NOT a smoker and they acknowledged that he may not be. If all along they stated they didn't hire tobacco users, we would accept it. But they clearly state it's smokers they won't hire.
MissRobin
Joined: Aug 28, 2002 Posts: 21
Posted: 2002-12-12 10:13
Check your state law -- some states have statutes prohibiting discrimination based on lawful activities (i.e. smoking)
ForumHosts Legal Forum Host
Joined: Jul 09, 2002 Posts: 825
Posted: 2002-12-24 05:15
"MissRobin" is right on-- there are some states (by no means all!) that prohibit discrimination against employees for engaging in lawful activities. While the formulations of such laws vary, the idea behind them is usually along the lines that what an employee does on his (or her) own time, away from the Company's place of business, without the use of Company equipment, etc., is not something the Company can base employment decisions on.
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Posted: 2002-12-11 12:22 
