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Denied employment BECAUSE I SMOKE
Me

Posted on 02/22/2013 8:25:37 PM PST by FreedomStar3028

So I go in for an interview, everything is going good. It was for an IT help desk in an office. The interviewer asks me a lot of questions, and asks do you smoke? I said yes. She immediately says, I can't give you the job then.

This is in Oregon. I looked up laws and there is a statute where companies cannot use smoking as a consideration when hiring, they can only ban smoking at work. Any advice would be great. Thanks!

Ooops, almost forgot. Long time Lurker, looking to meet some new FRiends.


TOPICS: Business/Economy; Chit/Chat; Computers/Internet
KEYWORDS: entitlement; smokingiscool; sniff
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To: who knows what evil?

I never get flu shots. I smoke.

You know what’s funny? I can’t remember the last time I was sick.


141 posted on 02/23/2013 8:24:26 PM PST by FreedomStar3028
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To: P-Marlowe

Okay, I guess since you disagree with me, that I’m a liberal now. /s

I don’t disagree with you, but employers should have no concern about what people do when they are not working. Unless it is affecting their job performance(ALCOHOL, DRUGS). Explain to me how smoking tobacco at home will affect my performance at work.

There were a ton of other LEGITIMATE things they could have denied me consideration for. But they chose to say that I WILL NOT BE HIRED because I smoke, after pointing out that I would not smoke at work, or come to work smelling like cigarettes.

You must also believe in following the law. Well here is the statute.

659A.315 Restricting use of tobacco in nonworking hours prohibited; exceptions. (1) It is an unlawful employment practice for any employer to require, as a condition of employment, that any employee or prospective employee refrain from using lawful tobacco products during nonworking hours, except when the restriction relates to a bona fide occupational requirement.
(2) Subsection (1) of this section does not apply if an applicable collective bargaining agreement prohibits off-duty use of tobacco products. [Formerly 659.380; 2005 c.199 §3]

So you tell me, is the employer BREAKING the law, by denying me(a prospective employee) from consideration from hiring because I SMOKE OFF WORK?


142 posted on 02/23/2013 8:47:59 PM PST by FreedomStar3028
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To: Clint N. Suhks
You still smoke? This isn’t the 70’s anymore. Get Nicorette moron!!!

Smoking is still legal, moron. Its probably safer than heavy drinking, gay sex, poor diet and lots of other activities.
143 posted on 02/23/2013 9:03:59 PM PST by Cementjungle
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To: Cementjungle
Its probably safer than heavy drinking, gay sex, poor diet and lots of other activities.

Have fun suffocating to death...

144 posted on 02/23/2013 10:00:55 PM PST by Clint N. Suhks (The amount of ammo you need is determined after the gunfight.)
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To: Cementjungle

Sniffing gasoline fumes is still legal too?


145 posted on 02/23/2013 10:04:13 PM PST by Clint N. Suhks (The amount of ammo you need is determined after the gunfight.)
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To: Clint N. Suhks

Every one of us is going to die. I choose to live while I’m around on this planet. You can choose to live in fear and to simply exist. The end result is the same.


146 posted on 02/23/2013 10:41:26 PM PST by Cementjungle
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To: Secret Agent Man
you reaaly do miss the point regularly, don’t you.

I've been accused of that. Usually "missing the point" really means "not being willing to change the subject".

147 posted on 02/24/2013 9:23:58 AM PST by tacticalogic ("Oh, bother!" said Pooh, as he chambered his last round.)
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To: P-Marlowe
the cross dresser will probably sue you for discrimination and then you will have to prove that the guy you hired was more qualified. Good luck with that.

That is certifiable insanity!

148 posted on 02/24/2013 10:01:39 AM PST by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: FreedomStar3028
The interviewer asks me a lot of questions, and asks do you smoke? I said yes. She immediately says, I can't give you the job then.

I had this happen. My response was to get up, lean over her menacingly, then told her "I want the job so much, I am willing to kill you for it."

Then I paused, cocked my head a little, and added, "....but first, the rape."

149 posted on 02/24/2013 10:05:46 AM PST by Lazamataz (Republicans have the same policies as the Democrats, except for the part where they win elections.)
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To: FreedomStar3028
But the deal breaker was the smoking, if I had said no, I probably would have gotten the job.

She might well have already detected the smell on your clothes or breath. So, if you had said no, then she would have rejected you for lying.

150 posted on 02/24/2013 10:11:22 AM PST by Fresh Wind (The last remnants of the Old Republic have been swept away.)
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To: FreedomStar3028; xzins
So you tell me, is the employer BREAKING the law, by denying me(a prospective employee) from consideration from hiring because I SMOKE OFF WORK?

First of all the law you quote is a stupid law that limits the liberty of a business owner to use whatever criteria they wish to fill their employment rolls. If the law prohibits the employer from taking into consideration what you do outside work, then I suppose you would be just as upset if you were a polygamist and the employer refused to hire you because he thought you were both stupid an immoral. Or if you had a dozen boyfriends that you invited over every weekend for group sodomy.

Tell you what, NEWBIE. Why don't you get a lawyer (not me) and sue the company. If you love this law more than you love LIBERTY then file a lawsuit and accuse them of discriminating against you because you smoke outside work.

A word of warning, however, NEWBIE, your lawsuit is a public record and every potential employer you ever visit again will probably find your name on a lawsuit against a business for Labor Law violations and you will reduce your chances of getting hired by anyone else pretty much down to zero.

So you have a legitimate case against the employer for a possible (but probably impossible to prove) smoker discrimination suit. OK, you can whine about it here on FREE REPUBLIC, where most of us HATE these stupid anti-Liberty laws or you can shut up, hire a lawyer and sue the bastards.

Your choice.

My first advise to you stands. You should write the employer and tell them that you appreciate their moral stance and that if someday you manage to kick the filthy habit that will someday kill you if you don't kick it, that you would be honored to work for them.

So, what are you going to do? Sue them, thank them or just bitch about it here where frankly nobody gives a damn?

151 posted on 02/24/2013 3:07:33 PM PST by P-Marlowe (There can be no Victory without a fight and no battle without wounds.)
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To: P-Marlowe; FreedomStar3028; Girlene; Forest Keeper
A word of warning, however, NEWBIE, your lawsuit is a public record and every potential employer you ever visit again will probably find your name on a lawsuit against a business for Labor Law violations and you will reduce your chances of getting hired by anyone else pretty much down to zero.

My first advise to you stands. You should write the employer and tell them that you appreciate their moral stance and that if someday you manage to kick the filthy habit that will someday kill you if you don't kick it, that you would be honored to work for them.

So, what are you going to do? Sue them, thank them or just bitch about it here where frankly nobody gives a damn?

If you are this honest and direct with all your clients and potential clients, I want YOU as my lawyer!

Seriously. I despise getting a sales job just so someone can pick up fees/commissions.

152 posted on 02/25/2013 4:57:07 AM PST by xzins (Retired Army Chaplain and Proud of It! True supporters of our troops pray for their victory!)
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To: Standing Wolf

That is discriminatory right there. And you could file charges against the company through EEOC. Any potential employer cannot ask anything that could be considered as Personal, and not related to the job you are applying for. This includes asking if you own guns.


153 posted on 01/13/2016 11:16:44 AM PST by CTLz
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To: ansel12

And that would be considered discriminatory as well, all because you are basing your decision to hire on someones personal activities.


154 posted on 01/13/2016 11:16:44 AM PST by CTLz
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To: FreedomStar3028

Smoking is not a protected class under any law... so yes they can legally discriminate against you for smoking.


155 posted on 01/13/2016 11:19:19 AM PST by HamiltonJay
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To: HamiltonJay

The way to answer is “No but my idiot brother lives with me and he smokes when he listens to that boob Rush Limbaugh”.

Hired.


156 posted on 01/13/2016 11:22:20 AM PST by AppyPappy (If you really want to irritate someone, point out something obvious they are trying hard to ignore.)
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To: HamiltonJay

Grave robbing?


157 posted on 01/13/2016 5:28:46 PM PST by FreedomStar3028 (Somebody has to step forward and do what is right because it is right, otherwise no one will follow.)
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To: PieterCasparzen

That color monitor was a chick magnet back in the day.

158 posted on 01/13/2016 5:34:46 PM PST by Moonman62 (The US has become a government with a country, rather than a country with a government.)
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