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Not according to the courts it isn't discrimination. This is a step that has been taken in a variety of places around the country, with both private and public employers. Challenges have been made, but not successfully.<quoted text>
This article however, is talking about not hiring smokers, period. In other words, if you smoke at home, on your own time, over the weekends, on vacation, you will not be hired. THAT is discrimination. Why should a qualified person not be allowed to work
As for why, look to statistics. They show that:
smokers cost more in health care;
smokers are more likely to take sick days;
smokers are likely to be distracted when they ARE at work, by the withdrawals associated with abstaining from smoking;
smokers are more likely to stretch the limits of breaks in order to get in those last few puffs before going back into an environment where smoking is not permitted.
Beyond that, many businesses thrive on employees interacting during off-hours. Having smokers in the mix puts up a barrier to building a sense of community. Either smokers will resent being required to abstain around nonsmokers or nonsmokers will be enduring the effects of someone smoking around them.
Come to that, if an employer finds the smell of smoke abhorrent, why should the employer have to deal with that when he/she could find a nonsmoker to do the job?
Oh, and nothing in it denies a smoker the right to work. It only denies them the right to work FOR THIS EMPLOYER--at least until they quit smoking. It is, after all, an objection to the activity and the addiction rather than to the person.





