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Smoking and employment

Discussion in 'Chit Chat' started by 741852963, Jan 13, 2015.

  1. 741852963

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    I heard an interesting topic being discussed today - someone suggested that it shold be illegal for a business to refuse to hire a smoker (I understand this is actualy the case in many parts of the US), comparing it to discrimination against ethnic or religious minorities and LGBT people.

    This is an interesting one for me, I can see the person's side of thinking - they are daying what a person does in their private time should not necessarily bar them from employment. Its an argument about freedom of choice.

    However there are certainly counter arguments which I can see businesses making:
    1. Statistically smokers take more sick days than non-smokers
    2. Statistically smokers have worsened productivity than non-smokers (either due to breaks or the common side-effects of smoking)
    3. In certain professions lingering smoke smell/contaminants may be undesirable (in retail/sales, in healthcare professions - particularly with doctors, in lab environments).
    4. At the end of the day its a "voluntary" habit (I appreciate it is an addiction, but help is widely available now) not something unchangeable like race or a disability - plus it could be argued to be in the employees interests for them to quit to gain work
    5. If smokers are free to choose what they do with their bodies, should employers be similarly free to choose? There are other "lifestyle choices" that can legally be a bar to someone being employed (for e.g. offensive or obtrusive tattoos) - is smoking different?

    Now I'd be in two minds about employers actively "discriminating against people who smoke". I guess even with a ban employers would still have the option to turn down promotions if productivity was found to be effected. I'm guessing though this would mean it would be illegal for employers to stop staff smoking during statutory lunch-breaks (as it is the employee's free time) - so employers may face difficulty with the third point.
     
  2. Psaurus918

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    My last job had a ton of smokers and they would constantly take breaks and go outside and smoke. I remember one day my boss had the nerve to say something to me about using the bathroom "a lot" but yet he let people slide when it came to taking smoke breaks once an hour. Guess he thought it was ok because he was a smoker. I've since quit that job but it still pisses me off.

    Another pet peeve of mine is the smell, I can't stand the smell of stale cigarette smoke. The smell that lingers on peoples clothes and hair is enough to give me a migraine
     
  3. LiquidSwords

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    Unless it demonstrably impacts their ability to do a job then definitely not. I know a lot of firms in the us already test employees for drugs which is messed up, get out of people's private lives
     
  4. Chip

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    It's really, really easy to show that it demonstrably impacts their job. The actuarial data is really clear that smokers have substantially more sick days, more healthcare expenses, and lower productivity (due to smoke breaks) than their nonsmoking counterparts.

    Even if there are laws in place that prohibit discrimination against smokers, it would be near impossible to prove that someone was discriminated against strictly for smoking, as there would be the above listed issues that the employer could fall back on.
     
  5. White Knight

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    Statically women has sick days every month which "can" effect their performance.
    Women are free to choose what they do with their bodies. Getting pregrnant is voluntary habit so why risk it. Also during pergnancy/birth they leave the work for prolonged time/s which is paid leave, plus it will bring hiring a replacement cost... so better not hire a woman.

    I hate this anti-smoking bullshit. If you have something against smokers, grow some balls and say it, don't hide behind mock excuses.
     
  6. Chip

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    Ok.

    Smoking is a disgusting, nasty habit, it is the cause of unending pain, sickness, death, and unhappiness. Smokers reek. Their clothes reek. Their cars and houses reek. It's fucking disgusting. I can smell the stench on clothes or otherwise, for hours, sometimes days, after a smoker has smoked.

    Tobacco companies are beyond evil, manipulating vulnerable teens into starting smoking and then engineering their product to be as addictive as possible in order to keep them locked in.

    Cigarettes are the only productS in the world that, when used as directed, kill.

    And that, along with the reasons I describe above, is why I have always avoided hiring smokers whenever possible. I also have almost no friends who smoke, for the same reasons.
     
  7. HuskyPup

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    It's sad to see such harsh, rude, judgmental language.

    Maybe you don't like a person's habits, but don't berate them, and put on some holier than thou attitude. People aren't perfect' get used to it. That accomplishes little or nothing by means of helping them, and simply pushes them farther away.

    I'm disappointed to see the above post on a forum where one might work to help people from the perspective of compassion, as opposed to bellowing about how much they disgust them.

    I see a lot of shaming, but little compassion, or positive, helpful suggestions for change.
     
    #7 HuskyPup, Jan 14, 2015
    Last edited: Jan 14, 2015
  8. White Knight

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    That is not aimed to anyone, instead it was aimed to general governments.

    One thing I don't get, if every government on earth thinks smoking is evil, bad and keep banning where to smoke/how to smoke... why they don't shut down cigarette companies? Make farming tabacco illegal, only allowed for medical needs.

    Instead people keep campaign against it, harrassing people who smoke even saying they don't make friends who smokes. Probably instead of blaming a victim you should try to solve the problem at its root?

    So after this smoking hysteria quenched whose will be next victim of social crucifiction? Obese/fat people seems like likely candidates.

    Point taken nonetheless and from your point you are right.
     
  9. Austin

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    I don't really think it should affect someone's decision for hiring. Statistics are just overarching trends. A smoker may not necessarily always take more sick days or less productivity than a nonsmoker. There are also a variety of other conditions, such as health conditions, which are entirely out of peoples' control, that may cause them to take more sick days -- should they be denied employment? Also, I just noticed White Knight's example of Women... pretty good argument. In such cases, I think people should be analyzed as individuals -- a smoker should not be turned down for employment just because they smoke. However, if it affects their performance they can find someone else... Also, it is only somewhat a voluntary habit, as it is an addition so you cannot simply stop.

    That said, I tend to struggle with my stance on whether companies should be able to choose who to employ or not. In some ways I feel companies should be able to employ whoever they want, and not employ whoever they want for whatever reason really. It's really not the government's place.... but I do see the need for some regulations.
     
  10. imnotreallysure

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    Not hiring someone because they smoke is pretty stupid. The only thing employers should be focusing on is the skill set of the person they are looking to hire, and whether or not they are suitable for the job. Everything else should be secondary.

    PS - women take more sick days than men, but it'd be beyond insane to suggest that companies should be able to refuse a woman a job on those grounds only.
     
    #10 imnotreallysure, Jan 14, 2015
    Last edited: Jan 14, 2015
  11. raiden04

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    I think there are valid points on both sides of the debate.

    On one hand, businesses are trying to make money and should be allowed to employ whoever they want, providing they don't discriminate against people in breach of basic laws of equality. I think it's reasonable for companies to prohibit employees from smoking during business hours (perhaps excluding scheduled breaks, in designated smoking areas). It has been mentioned before how smoking can lead to decreased productivity (amongst other things) so there's evidence to back up such rules.

    I respect your opinion but I don't agree with this at all. You simply cannot equate the decision to become a smoker to wanting to have children. Your point about women having sick days every month isn't comparable either; females don't choose to have periods.

    However, I don't agree that people should be denied employment based on smoker status. It IS an addiction for many people and potential employees should be assessed on their competency and work skills rather than writing them of as being less productive than the average non-smoker.
     
  12. White Knight

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    I was just trying to provide excuses why someone should not hire group of people.

    While it is really really stupid, for some people (like some people I know in real life... macho manly man who think the place of a woman is kitchen) it might even sound clever. :icon_wink
     
  13. brooklin

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    I smoke and I don't think it should play a role in your employment UNLESS it interferes with your ability to do your job OR you're disrespectful to the non-smokers by smoking in an area which exposes them to your habit. Unfortunately, there are some rude smokers out there who force employers to implement the no smoking rule. I understand both sides.
     
  14. DMark69

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    There was a healthcare company several years ago, in Michigan I think. That said they were going to ban smoking because health insurance for smokers cost more. They offered to pay for smoking cessation classes, and gave 2 years prior notice, but after their set date the terminated any remaining smokers, and would not hire new ones.

    My company hires smokers, but if you sign a pledge that you will not use tobacco they will contribute money to your health savings account.
     
  15. Chip

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    Note that all of the comments are about the activity, or, say, the person's clothes or home, not about the person him or herself. Quite frankly, the previous poster asked, directly, for that input.

    Additionally, one has to recognize the impact that any addictive behavior tends to have on self esteem. And in order to change the behavior, it is generally necessary to recognize its impact.

    If anyone wants input on quitting, I have a bunch of suggestions in that regard.
     
  16. 741852963

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    They aren't mock excuses and no I don't have anything personally against smokers (most of my family have smoked at some point and many of my friends continue to do so).

    Where I was coming from with this topic is an interest to the law itself being challenged by the person I heard talking about it: whether employers should be punished if they chose not to employ a smoker for any of the mentioned reasons, and would a ban on this action grant smokers employment rights akin to the LGBT population.

    What you mentioned though touched on another point I was thinking about. Obviously you are passionate about the subject, and it can feel at times quite tribal with smokers having almost a shared "identity".

    Could this identity be compared to a religion (which is by basic definition just a set of beliefs)? Or is religion viewed as more integral to a person's identity and less "optional".

    Firstly I was referring to actual sickdays (time off work) - women do not generally take time off work for their periods.

    Secondly, periods are not exactly "optional" like smoking, they are a natural occurence. Sure women can take birth control to manage symptoms but these carry their own side effects and are not suitable for all. Smokers on the otherhand can give up at any point to receive an almost guaranteed improvement in their health (reverting back to their "natural state").

    I see your argument on this one, but I think it would definitely be discrimination to refuse to employ someone on grounds they have no control over (gender, disability, orientation etc).

    On the pregnancy though - well thats an interesting one but probably one for another topic. Employers do have to take a hit with pregnant staff yes, and like you said pregnancy is largely optional. My personal view on that one is current statutory provisions are a bit too overgenerous - I think expecting small businesses in particular to cover the costs of subsequent pregnancies (second child onwards) is a bit unfair. But again, another topic.
     
  17. Sam I Am

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    I'm confused about this loss of productivity. When you are an employee, you get paid 15-minute breaks and a lunch. You can smoke then. If you are hourly, then any additional breaks cut into the paid time that you clock. If you are salaried, then you're taking breaks for all kinds of reasons that may or may not have anything to do with smoking.

    I'm just saying this because I've been boss to a smoker before and we never had any problems with her. N=1 isn't proof of anything, of course, but it was trivially easy to set up a management system wherein she could smoke when she wanted to without the company paying for her habit in lost time/wages.
     
  18. Chip

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    That's a totally fair point. My experience is that many smokers can't do with just the one 15 minute break and their lunch break, and need other breaks as well. But I guess it depends on one's usage level.

    Additionally, it's pretty well documented that a smoker in the midst of nicotine withdrawal (as in, needs a smoke) isn't very productive. So again, depending on the level of addiction, this can definitely impact productivity.

    Finally, I seem to remember reading that there were a number of efficiency studies looking at the performance of smokers vs nonsmokers and the results were pretty clearly favorable to the nonsmoker, but it's been years and I (a) have no idea how rigorous said study was and (b) don't have any citations to it.
     
  19. 741852963

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    Thats a fair point, that the onus should be on the employer to monitor/control their staff better?

    In my personal experience working for larger companies they often seem unable or unwilling to do this though. In my current workplace most smokers seem to go on 10-15minute cigarette breaks (5minutes leaving the building, 5minutes smoking, 5minutes coming back) and many do this every hour or so (this being ON TOP of any statutory rest/lunch breaks). Its not common to see non-smokers taking as long on breaks as they stay close to the workspace - I know I'd feel uncomfortable leaving my desk for this long so regularly. Now of course theres the argument that the employer should be keeping an eye on this and either curbing the behaviour or making sure non-smokers have equal breaks - but I suppose there is the argument of why should they have to? Are these smokers not taking liberties in "expecting" the employer to bend their rules or have to discipline them?

    Its an interesting one.
     
  20. phoenix89

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    There are smokers where I work and they take sometimes 2 extra 15 minute breaks, that can get annoying for none smokers.

    When my manager smokes she is out there for maybe 5 minutes so that doesn't bother me but there is one girl who will be out there for 30 minutes some times