Employers who do not Hire Smokers
I smoked for 13 years. Never once did I think that would prevent me from obtaining a job. It seems as though smokers are becoming a minority - and not the kind that are protected by any state or federal employment statutes. There are currently only 26 states that have laws preventing smokers from being discriminated against in the workplace - a slight majority. Georgia, where I live, is not one of them.
Currently, if you live in a "at-will" state, that means that the employers have the rights, not the employees. The only protected statuses are those protected by federal law such as race and sex to name a couple. This means that employers can categorically deny employment to a smoker if they have company policies against smoking. These companies are not alone: already Scotts Miracle Gro in Marysville, OH and Weyco, a Milwaukee, Wisconsin-based Life Insurance Company have already instituted policies against smokers. Pre-employment screening tests for drugs and alcohol could also include tests for nicotine.
These tests have one fatal flaw: they cannot differentiate between nicotine from cigarettes/smokeless tobacco and that received from cessation aids like gum and patches. Both contain nicotine and release it into the system, which is then detected during urinalysis. Employers with policies against hiring smokers or that institute new policies against current smokers are doing so to curb the rising costs of health-care. Smokers have, on average, more claims due to smoking-related illnesses such as bronchitis, COPD, and Emphysema.
Whether or not you agree with such policies, the medical statistics are clear: smokers suffer from more illnesses and cost insurers, and therefore, employers more than their non-smoking co-workers. This raises costs in premiums for the non-smoking co-workers and employers alike.
With unemployment rates at decade highs - smokers in areas like Marysville, OH where Scotts and Honda are the two largest employers would find it difficult, if not impossible to find gainful employment without quitting smoking. Should Honda pass similar policies, many would find themselves unemployable in that area.
Those who do not know the powerful addiction that nicotine is physically would just say: "Well, quit smoking." Many employers, regardless of having policies against smoking do offer smoking-cessation assistance; but many insurance companies do not cover drugs that assist with quitting.
The final answer is not an easy one: "at-will" states allow the employer the right to determine who they allow to work for and continue to work for them. Some have decided that smokers are not in their best interests fiscally to hire. Until smokers are categorized as a "protected" class, this will continue to remain at the sole discretion of the employer.
