Baylor bans hiring smokers, apparently other companies do this as well

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  • rhE-30
    E30 Addict
    • Oct 2011
    • 498

    #46
    I wish my company stopped hiring/fired smokers. Those mofo's take to many breaks.

    Comment

    • mar1t1me
      E30 Modder
      • Sep 2009
      • 863

      #47
      Originally posted by cale
      shall we start refusing to hire based on other things?
      You do not see rampant discrimination in the hiring process already? As a business owner and member of a local business forum, I am amazed at the kinds of (illegal) questions my fellow business owners feel justified in asking, then the rather arbitrary manner in which they hire. And look at research that shows that people's names, regardless of qualifications often gets applications overlooked.

      It's already a pervasive problem. And I am just as guilty. When an applicant comes in reeking of cigarette smoke, I am far less likely to consider them. They have an addiction that will likely cost me more in terms of time and money than an equally qualified non-smoker.

      That's just a reality of the workplace, and there are more job seekers now, so I can be pickier. Want to improve your chances of being hired? Quit smoking. I don't care if someone has a drink on the way home, or smokes pot at home once in a while. Those kinds of recreational drug uses don't seem to have much affect on daily productivity, nor do I consider them addictions. I don't drug test, BTW.
      Last edited by mar1t1me; 09-28-2012, 07:06 AM.

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      • RobertK
        Kicked cancer's ASS.
        • Jun 2005
        • 5864

        #48
        Originally posted by Cletonius
        I can see the draw to not hiring smokers. As a former smoker it makes me a little upset that "my" freedom is being taken away by "my" employer but I'm all for lower health insurance cost.


        I saw billboards around Chicago (where I live) that said "obesity is a disease, not a choice" and had some phone number. Obviously a ploy to sell something but advertising like that doesn't help people realize getting off their ass is the key.

        My nephew is probably 60 pounds overweight (6 years old with a 30" waist) and when the kids at school made fun of him his mom told him "you're not fat, you're fluffy" so now he prances around singing it endlessly. Poor kid will never know what it's like to run around or go on a bicycle ride. He gets jealous when my kids tell him about all the hiking and outdoor activities we do because he gets winded going up a flight of stairs.

        Seems like most of the kids are all carrying around big bellies these days. It makes a noticeable difference in their performance. My daughter plays soccer and does ballet, it's really sad to see almost every kid overweight or eating something out of a McDonald's bag. Talking to the parents we have discovered most of them don't cook anything at home because they "don't have time" so they pick up junk from a drivethru. I didn't realize we were that much in the minority.

        Until there's a major shift of priorities in this country I think it's going to get worse before it gets better. In some ways, companies not hiring smokers and making the overweight pay more for health insurance is a step in the right direction. Granted, your employer controlling your personal life is less than ideal. In the end though, people will just suck it up and the higher price will become the new norm while no habits change for the better.
        ^ This is why we made the decision for my wife to be a stay at home mom. We decided to forgo the additional income so our child would not just get 1 on 1 attention but so she could prepare wholesome healthy meals for our child and breastfeed whenever she wanted.

        I know too many couples tied down to jobs because of overwhelming financial obligations and the lack of time they can pay to their children slowly dimenshes their wellbeing.

        Comment

        • Ryan Stewart
          I Love Miatas
          • Oct 2003
          • 8978

          #49
          For it. Even beyond health insurance most smokers are slobs that take a dozen breaks a day. I had an office at the end of the hallway to a rear door in an office for a month. I never could imagine just how much time the smokers in the office spent outside the building smoking and talking until then. I never dealt with each one directly enough to realize until then.
          Im now E30less.
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          • RobertK
            Kicked cancer's ASS.
            • Jun 2005
            • 5864

            #50
            Originally posted by Ryan Stewart
            For it. Even beyond health insurance most smokers are slobs that take a dozen breaks a day. I had an office at the end of the hallway to a rear door in an office for a month. I never could imagine just how much time the smokers in the office spent outside the building smoking and talking until then. I never dealt with each one directly enough to realize until then.
            My brother and friend wear me out with their damn smoke breaks all the time.. and always right before we have to deal with something that will be a PITA. I'm get all ready to tackle it and they go "smoke break" :curse:

            Comment

            • Cletonius
              R3VLimited
              • Oct 2010
              • 2809

              #51
              Originally posted by RobertK
              ^ This is why we made the decision for my wife to be a stay at home mom. We decided to forgo the additional income so our child would not just get 1 on 1 attention but so she could prepare wholesome healthy meals for our child and breastfeed whenever she wanted.

              I know too many couples tied down to jobs because of overwhelming financial obligations and the lack of time they can pay to their children slowly dimenshes their wellbeing.
              We did then same. My wife runs a home business while teaching and interacting with the kids. Our daughter (she'll be 5 at the end of Dec) can read and write, color in the lines, and will verbally outmaneuver adults in conversations. She also speaks Spanish very well. Our son is a few steps behind (he's 18mo younger) but picking it up quick.

              When we had our daughter's ears pierced (4th bday) we took her to see our friend who is a licensed piercer. She didn't scream or cry, only a solitary tear rolled down one cheek. Other parents at ballet asked where we had it done and were mortified when I showed them a picture of the kid with the piercer afterwards. We go hiking, camping, and do lots of outdoor activities, when we tell people they are amazed children can handle those sort of things. What do they think kids did before video games when sedentary became the new normal? It makes be very sad when I see a child who is so pasty white it's obvious they don't see sunlight.

              People will tell me that we are robbing the kids of their childhood but when I ask what they do with their kids I get a blank stare in return. Those of us who are spending time with our progeny are in the rarity. Society has lead most to believe children are incapable of any independence for fear of them getting injured.
              - Josh
              1990 325is

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              Comment

              • mrsleeve
                I waste 90% of my day here and all I got was this stupid title
                • Mar 2005
                • 16386

                #52
                Originally posted by Kershaw
                No, that's not correct. 500 calories of raw spinach is very different than eating 500 calories of donuts or Cheetos. Junk food is called empty calories for a reason.

                Farbin had a good write up on his personal experience with this. Send him a PM if you want more info. He lost a lot of weight by cutting empty calories out of his diet.
                Yes I know this ans I am aware of farbins sucess. What I am saying is that your body needs 1200ish cal to just lay in bed all day to opperate. If your only intake is 500 cal you running on 700 cal less than daily required mimimums, and it makes little differance what those cal are. yes good would be better than junk, but the point remains 500cal iin this case is 500 cal
                Originally posted by Fusion
                If a car is the epitome of freedom, than an electric car is house arrest with your wife titty fucking your next door neighbor.
                The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money. -Alexis de Tocqueville


                The Desire to Save Humanity is Always a False Front for the Urge to Rule it- H. L. Mencken

                Necessity is the plea for every infringement of human freedom. It is the argument of tyrants.
                William Pitt-

                Comment

                • TurboJake
                  No R3VLimiter
                  • Oct 2010
                  • 3780

                  #53
                  Originally posted by herbivor
                  Nice find but how many smokers go a full 8 hours without smoking every day? I haven't met any.
                  I can and have, and probably will again. 10 hour shift, 4 days a week. But that's besides the point. You legally cannot not hire a smoker based on the fact that they smoke. North Carolina Law states that.

                  LEGALLY, you have to hire them, and fire them if they can't stick to it.

                  Or face possible court. You can take that gamble. But let me assure you, If I applied to your company, got the interview, And you asked me if I smoked, I would ask you how it applies to the job. If the job can be done by a smoker, and they dont smoke for the 8 hours on the job. There is no legal precedence for you to be able to deny that person the job. In fact, in your state, it is illegal

                  But, with all due respect, I would not work for a man such as yourself. Every single person out there has an addiction of some sort. And if you have the gall to say my smoking is a weakness, I will gladly have the gall to say your hard set, stubborn opinion is a weakness.

                  And, from the sound of it, you are not willing to be proven wrong. Which is why I would refuse to let you be my boss.
                  Last edited by TurboJake; 09-28-2012, 01:38 PM.


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                  • z31maniac
                    I waste 90% of my day here and all I got was this stupid title
                    • Dec 2007
                    • 17566

                    #54
                    Please link us to where in the equal employment standards it states that smokers can't be discriminated against.
                    Need parts now? Need them cheap? steve@blunttech.com
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                    • mrsleeve
                      I waste 90% of my day here and all I got was this stupid title
                      • Mar 2005
                      • 16386

                      #55
                      The American Medical Association, founded in 1847, represents more than 190 state societies and medical specialty associations. Stay updated with the latest in medical news today on the American Medical Association's official site. Get insights on news for doctors, medical advocacy news, and more. Our mission is to “promote the art and science of medicine and the betterment of public health”.



                      Originally posted by link
                      Some hospitals and health systems are implementing policies that smokers, even outside the workplace, will not be hired. This is allowed in some states but not in others. Here is a state-by-state breakdown:

                      Alabama: No relevant legislation.
                      Alaska: No relevant legislation.
                      Arizona: No relevant legislation.
                      Arkansas: No relevant legislation.
                      California: Legal protection for employees who engage in lawful activities outside the workplace.
                      Colorado: Legal protection for employees who engage in lawful activities outside the workplace.
                      Connecticut: Legal protection for those who smoke or use tobacco products outside the workplace.
                      Delaware: No relevant legislation.
                      District of Columbia: Legal protection for those who use tobacco outside the workplace.
                      Florida: No relevant legislation.
                      Georgia: No relevant legislation.
                      Hawaii: No relevant legislation.
                      Idaho: No relevant legislation.
                      Illinois: Legal protection for employees who use lawful products outside the workplace.
                      Indiana: Legal protection for those who use tobacco products outside the workplace.
                      Iowa: No relevant legislation.
                      Kansas: No relevant legislation.
                      Kentucky: Legal protection for those who smoke or use tobacco products outside the workplace.
                      Louisiana: Legal protection for those who smoke or use tobacco products outside the workplace.
                      Maine: Legal protection for those who use tobacco products outside the workplace.
                      Maryland: No relevant legislation.
                      Massachusetts: No relevant legislation.
                      Michigan: No relevant legislation.
                      Minnesota: Legal protection for employees who use lawful products outside the workplace.
                      Mississippi: Legal protection for those who smoke or use tobacco products outside the workplace.
                      Missouri: Legal protection for employees who use lawful products outside the workplace.
                      Montana: Legal protection for employees who use lawful products outside the workplace.
                      Nebraska: No relevant legislation.
                      Nevada: Legal protection for employees who use lawful products outside the workplace.
                      New Hampshire: Legal protection for those who use tobacco products outside the workplace.
                      New Jersey: Legal protection for those who smoke or use tobacco products outside the workplace.
                      New Mexico: Legal protection for those who use tobacco outside the workplace.
                      New York: Legal protection for employees who engage in lawful activities outside the workplace.
                      North Carolina: Legal protection for employees who use lawful products outside the workplace.
                      North Dakota: Legal protection for employees who engage in lawful activities outside the workplace.
                      Ohio: No relevant legislation.
                      Oklahoma: Legal protection for those who smoke or use tobacco products outside the workplace.
                      Oregon: Legal protection for those who use lawful tobacco products outside the workplace.
                      Pennsylvania: No relevant legislation.
                      Rhode Island: Legal protection for those who smoke or use tobacco products outside the workplace.
                      South Carolina: Legal protection for those who use tobacco products outside the workplace.
                      South Dakota: Legal protection for those who use tobacco products outside the workplace.
                      Tennessee: Legal protection for employees who use lawful products outside the workplace.
                      Texas: No relevant legislation.
                      Utah: No relevant legislation.
                      Vermont: No relevant legislation.
                      Virginia: Legal protection for those who smoke or use tobacco products outside the workplace.
                      Washington: No relevant legislation.
                      West Virginia: Legal protection for those who use tobacco products outside the workplace.
                      Wisconsin: Legal protection for employees who use lawful products outside the workplace.
                      Wyoming: Legal protection for those who use tobacco products outside the workplace.

                      Source: "Discrimination Laws Regarding Off-Duty Conduct," National Conference of State Legislatures, Oct. 18, 2010 (https://www.ncsl.org/documents/emplo...rimination.pdf)
                      Originally posted by Fusion
                      If a car is the epitome of freedom, than an electric car is house arrest with your wife titty fucking your next door neighbor.
                      The American Republic will endure until the day Congress discovers that it can bribe the public with the public's money. -Alexis de Tocqueville


                      The Desire to Save Humanity is Always a False Front for the Urge to Rule it- H. L. Mencken

                      Necessity is the plea for every infringement of human freedom. It is the argument of tyrants.
                      William Pitt-

                      Comment

                      • Kershaw
                        R3V OG
                        • Feb 2010
                        • 11822

                        #56
                        smokers stink. they would stink up the office. fuck that noise. i would not want to be nauseous all day at work because of it.

                        and if you're getting 3000 calories of good food every day you're going to be a lot healthier than 3000 junk food calories. it'll make you obese and you'll feel hungry all the time. your body cannot break down some of the crap in junk food, like trans fats.
                        AWD > RWD

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                        • TurboJake
                          No R3VLimiter
                          • Oct 2010
                          • 3780

                          #57
                          Originally posted by z31maniac
                          Please link us to where in the equal employment standards it states that smokers can't be discriminated against.
                          I already said it's N.C. GEN. STAT. § 95-28.2

                          But, If you want links.

                          North Carolina General Statutes includes North Carolina state laws on civil procedure, common law, evidence, criminal law, criminal procedure, offenses against public morals, motor vehicles, wills, landlord and tenant, divorce, and marriage.




                          N.C. Gen. Stat. § 95-28.2, which has become known as the “Smokers’ Rights Act”, prohibits
                          employers from refusing to hire, discharging or discriminating against any employee or
                          prospective employee because the individual engages in “the lawful use of lawful products” off
                          the premises of the employer during nonworking hours and such use does not adversely affect
                          the employee’s job performance, the person’s ability to properly fulfill the responsibilities of the
                          position in question or the safety of other employees. This statute provides a private right of
                          action for its violation, which is subject to a one year statute of limitations. The Court may award
                          costs and attorneys fees to the prevailing party in an action under this statute.
                          Although this statute was passed in order to protect smokers from discrimination, it can also
                          apply to employees who drink alcohol or use other legal products. For example, an employee of
                          a Budweiser beer distributor in Colorado was recently discharged for drinking a Coors beer after
                          work in a local bar. If this had occurred in North Carolina, the employee’s discharge would have
                          violated this statute.




                          Basically, if you are using a product that is is lawful to use, you cannot legally discriminate against a person if it does not affect their ability to do the job and they partake in such activity off of business hours and property.

                          AND, if they actually clock out for lunch, and walk off of the property (Or get out of the company vehicle), you cannot fire them. They aren't on the clock (During nonworking hours), and they aren't on the property.

                          Unless, you can prove without a doubt, that their smoking goes against your companies objectives (If you were a company selling smoking cessation devices, for example).
                          Last edited by TurboJake; 09-28-2012, 07:38 PM.


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                          • herbivor
                            E30 Fanatic
                            • Apr 2009
                            • 1420

                            #58
                            Originally posted by TurboJake
                            I can and have, and probably will again. 10 hour shift, 4 days a week. But that's besides the point. You legally cannot not hire a smoker based on the fact that they smoke. North Carolina Law states that.

                            LEGALLY, you have to hire them, and fire them if they can't stick to it.

                            Or face possible court. You can take that gamble. But let me assure you, If I applied to your company, got the interview, And you asked me if I smoked, I would ask you how it applies to the job. If the job can be done by a smoker, and they dont smoke for the 8 hours on the job. There is no legal precedence for you to be able to deny that person the job. In fact, in your state, it is illegal

                            But, with all due respect, I would not work for a man such as yourself. Every single person out there has an addiction of some sort. And if you have the gall to say my smoking is a weakness, I will gladly have the gall to say your hard set, stubborn opinion is a weakness.

                            And, from the sound of it, you are not willing to be proven wrong. Which is why I would refuse to let you be my boss.
                            I have hired smokers, knowing they were smokers, thinking it wasn't a big deal. Many customers were turned off by them reeking of smoke when they arrived to their house and complained. They also had other personality issues that I would consider a weakness for the type of work we do. I admit my experience has caused my prejudice, which I'm sure may not be accurate for every smoker. I still won't hire a smoker if knowing they would smoke on the job.
                            sigpic

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                            • gwb72tii
                              No R3VLimiter
                              • Nov 2005
                              • 3864

                              #59
                              Originally posted by Kershaw
                              smokers stink. they would stink up the office. fuck that noise. i would not want to be nauseous all day at work because of it.

                              and if you're getting 3000 calories of good food every day you're going to be a lot healthier than 3000 junk food calories. it'll make you obese and you'll feel hungry all the time. your body cannot break down some of the crap in junk food, like trans fats.
                              You'll still wind up obese no matter what, but you'd have other health issues with high fat intake if that's where the calories come from.
                              The key is exercise that allows the body to,burn fat instead of muscle tissue for energy.
                              “There is nothing government can give you that it hasn’t taken from you in the first place”
                              Sir Winston Churchill

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