Skip to comments.Denied employment BECAUSE I SMOKE
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.
I don’t know about Oregon but they can do it in Texas because there are city governments doing it now.
You probably wouldn´t be happy at all in this job. Maybe you should go create a job, where you can get you a big cigar and smoke all day while you do IT stuff on line in the comforts of your own home.
“Any advice would be great. Thanks!”
Give up Smoking.
Next week it will be ten years of being a non-smoker.
I’ve run into the same thing; I’ve also been dropped from consideration because I own guns.
Find another job where they don’t care or quit smoking.
Advice: Get an attorney.
You should have said and I have AIDS.
Then they can’t touch you.
They don’t view AIDS as being as dangerous to society as smoking.
Well, you could file a complaint. It won’t get you THIS job. I guess you can’t tell them the truth anymore.
Tell them you quit, then start again or just quit.
It wouldn't have turned out differently, but it might have been good for a laugh.
Did she ask you what you smoked?
Sounds like an unhealthy environment. Soon they’d have you eating tofu and doing yoga. Guard your chakras!!
Enjoy your smokes.
There has to be a job out there that is run by a smoker.
The most she could have done was say, "this is a no smoking work place, will this be a problem for you?"
You won't get the job and you don't want to work there in any case but you might want to shake up the HR department and write them a letter informing them that you were asked an improper question at your interview and you are seeking advise as to what your avenue for redress should be.
It is after all the truth, you just did seek advice. Do NOT say that you will sue them or anything else like that. The flame ain't worth the candle.
Bottom line - you don’t have a “right” to a job there, and smokers aren’t protected classes. Look elsewhere.
And that’s the truth!
NLRB? If it’s the job you wan’t and not the insurance, why deny you?
Obama smoked with his new job.
Yeah, but roll your own, and do it all in your underwear.
You told the job interviewer you own guns? Why would you do that? How did the subject even come up?
Well, wearing a shotshell bandolier to the interview has a turn off effect to some.
Do you think the employer should be forced to hire you? What if he did hire you but you didn’t like the job? Should you be allowed to quit?
Having owned my own small business, my feeling is they should be able to hire whoever they want.
So this is your one and only post at FR, an open ended vanity?
I wouldn’t hire you for that fact alone.
It is probably because you are a higher statistical cost liability, both in benefit cost as well as potential lost time for health reasons.
If you had 2 people of equal experience and education applying for a job, both interviewed equally well, but one would cost your company several thousands more in benefit costs, it is logical you would hire the one who didn’t incur the increased expense.
Welcome to FR...
I don’t smoke. Never have. But I detest the demonization of smokers. I hate it. I don’t like the way they have been singled out for vilification. You see them slinking furtively around, now, seemingly ashamed.
And who could blame them?
well if the law says they can’t not hire you because you smoke, from a no-lawyer pov, it seems they just violated the law, and it appears you may have a winning case here, it seems blatant and obvious that as soon as you answered yes, she immediately said we can’t hire you if you smoke, clear causality right there.
it’s not like you would smoke at work anyway. so it hasn’t anything to do with you smoking in a clean room or a patient’s area, etc.
i would sue them. if they are this stupid they deserve it.
You still smoke? This isn’t the 70’s anymore. Get Nicorette moron!!!
As stated, I’d let the HR department know what happened - the interviewer should know better. Next time I’d say, I just quit. Leave it at that. I always quit before I enter an office/store/whatever. Start up again when I leave.
The gall of those people to think that they can hire whomever they want for whatever reason. What do they think this is...a free country or something? Report them to the government in hopes of getting them sent to a re-education camp where they can get their minds right!
In Oregon you should have told them you smoked pot, not tobacco.
You’re in Oregon, be aware of the proposed law to (in essence) outlaw smoking. The law would classify cigarettes as a “controlled substance”. That means you cannot get them without a doctor’s prescription. I know, the irony! This is serious, in the legislature.
To pave the way to make it even easier to discriminate against smokers, a year or two past they made a law that anyone filling a prescription for any controlled substance, I mean legitimately rx’d by your medical doctor, the pharmacist reports you to the State and they are now keeping a database of all people who subscribe to Xanax or whatever. Cigs will be added to the list.
Yes, the govt, not just your pharmacy, will have your name, address, phone number, doctor, medical clinic and every single time you fulfill an Rx for cigs. If you exceed the 30-day renewal, I don’t know if State Troopers come out and arrest you or what...?
This seems to be to violate HIPPA, doctor-client privilege with your MD, and doctor-client privilege with your pharmacist... but I guess the needs of Big Brother overrule those notions.
That’s crazy. ALL of our IT guys smoke. It gives them an opportunity to go outside and stand in the sunshine. They go in herds. Those guys are so stressed out all the time. Who am I to criticize? They’ll probably all outlive the rest of us.
i think you ought to be able to hire who you want.
but that doesn’t allow you to violate the law of your state when you do it.
change the hiring laws if you don’t like it.
or be smarter when you tell someone they weren’t hired. it would not have been that hard to tell the guy later that he didn’t make the second round of candidates.
think a little bit.
Oregon? Let's see, how about the following answer: "Yes. Marijuana ONLY!!" Next, you'll hear the following: "You're HIRED!!"
“lost time for health reasons”
Not many smokers that I know are out because of illness due to smoking.
The “protected classes” have as much or more likelyhood of being ill. It’s just that the smokers are EVIL!!!/s
That being said, I think any employer should have the right to hire/not hire a person for any reason. Including those in the “protected classes”.
I’m the one who interviewed you and you are lying. Your smoking wasn’t the reason the interview ended. It was that “I heart Obama” tattoo on your chest that did the trick.
Fecal matter, meet rotating blades.
lie, lie, lie
or someone being told we won’t hire you because you’re black...?!?
or you look too old?
again, i say you can hire who you want, just don’t be a blatant moron about it. otherwise you deserve what you get. maybe that’s how someone learns not to be a moron anymore. sometimes some people can’t figure it out without a brick to the head, not everyone’s a soft touch.
Just wait until the pot heads find out that companies are still going to enforce the drug test policies, whether marijuana is legalized or not. One beer at lunch and you’re gone, one toke the night before, and you’re gone. There is no difference.
Marijuana is said to be 9 times as carcinogenic as tobacco, with the adde effects of increased ADD, short term memory loss and paranoia. I don’t think that tobacco is nearly as bad. Companies have the right to set their own drug and health policies.
all i know is that guy’s right hand holds something other than a cigarette when he’s in front of a keyboard....
They might not lose days, but I have seen offices where folks huddle around the trash can outside the back door for five or ten minutes every hour and a half.
I wouldn’t ask the question though. It is rare enough these days that you could smell it on the clothes.
Unless you believe smokers should be protected by Americans With Disabilities Act, an employer can deny you a job for being a smoker.
In a perfect libertarian world a company should have the right to hire or fire anyone they want for any reason they want. They should also have the right to choose their customers and to refuse service to anyone for any reason.
We have become so used to the government dictating who we can hire and who we can fire and who we can sell to and who we can buy from that we have lost all of our sense of Liberty.
You should applaud the company for having principles and refusing to hire you because they don’t like your looks, the color of your shirt or the smell you emit when you walk into a room of non-smokers.
Instead you apparently are looking for advice on how you can sue them for discrimination.
As an attorney I would advise you to look for work elsewhere.
As a liberty loving conservative I would advise you to send a letter to the company thanking them for having principles even though those principles conflict with your chosen lifestyle. Then tell them that if you are someday able to kick the smoking habit, that you would consider it an honor to come to work for them.