Is this Discrimination?

[carried]

I am a temp employee placed at a company with about 80 employees. About one third of the staff smokes. I also smoke. But, I was informed today that in order to be hired on to a permanent status, I would have to be smoke free a take a hair follicle test to prove so. However, those who already had permanent status do not have to cease smoking to stay employed. Isnt this discriminatory to say that they will not hire me because they are a smoke free company, but not enforce it with their standing emloyees?

 

[Michael Wechsler]

I am a temp employee placed at a company with about 80 employees. About one third of the staff smokes. I also smoke. But, I was informed today that in order to be hired on to a permanent status, I would have to be smoke free a take a hair follicle test to prove so. However, those who already had permanent status do not have to cease smoking to stay employed. Isnt this discriminatory to say that they will not hire me because they are a smoke free company, but not enforce it with their standing emloyees?

This definitely sounds strange - do the other employees smoke on the premises, e.g. right outside the door? Does the company know? Could you possibly provide us with a little bit more as to why a company would be insistent on pushing such an agenda and seemingly willfully disregarding it?

 

[jacksgal]

Discrimination applies to those who belong to a "protected class" Although I do not know which only one states even remotely considers smokers as protected class.

 

[carried]

We are a TPA, and recently merged to become a division of a large Health insurance corporation. No one is allowed to smoke on the premises. Everyone walks to the next lot over. The manager who informed me that I will have to quit smoking if I want to get hired smokes herself. The change of rules took places with the merge. So anyone hired before the merger is allowed to smoke, while anyway hired after the merger is not. Can they legaly let me go from my temp status or deny me permanent employment status due to smoking if they allow other permanent employees to do so?

 

[jacksgal]

That is good question however unless your in the state I mentioned there are no laws that protect smokers from discrimination. Even if in that state I am unsure. Not all discrimination is illegal. You might make a call to an Attorney who works in employment Law or even EEOC, DOL etc

 

[cbg]

Actually, several states have laws protecting smokers/non-smokers. I can be of more help if I know what state the poster is in.

The EEOC will not assist in this matter since smoking/not smoking is not a protected class under Federal law. This is legal UNLESS there is a state law protecting smoking status. The employer may be implementing a no-smoking policy but grandfathering existing employees.