There are no such clear laws at federal level which differentiate smokers from non-smokers during their hiring process. It totally depends on the company’s policy whether they want to take a smoker or not. But in certain states of America there is a protection bill for smokers that companies cannot violate. And in these states companies cannot reject a person solely basing on their smoking habits. They can fire or reject him for other multiple reasons but not for smoking.
According to worker rights organization, employers have no jurisdiction on the habits of a worker after the working hours. So, that’s why they cannot fire a person for this reason. But on the other hand employers have found some ways around the law to dismiss workers who smoke. According to most of the studies averagely a smoking worker costs a more than a non-smoking worker. Employers have to spend extra money on their medical expenses and they have to have to face low productivity issues.
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And in some cases some employers have held routine urine test to check the nicotine level to make the decision of firing a worker, are upheld by certain courts.
“Keep in mind that up till now all off-duty conduct laws only allow the smoking of tobacco, not smoking of marijuana. Marijuana is totally prohibited and is a crime according to
Smoking is an activity that has been around for many years for people to use and adapt into their lifestyle. It is a tool that many people use to help reduce the stresses of life and put them in a comfortable position that enables them to cope with the hectic lifestyle they are living. However, smoking has been scientifically proven to cause many types of cancer, the most common being lung cancer resulting in numerous deaths across the United States. According to BBC, "Smoking is a greater cause of death and disability than any single disease" (BBC, 2). Evidently, the benefits and drawbacks of smoking have been debated for many years, and only recently have some countries have placed a ban in public places such as Britain and the United
The Company’s pledge to provide a safe and healthy work environment bans smoking on Company properties, including but not limited to break areas, bathrooms, and work areas. Employees who smoke will be able to do so only on break and lunch times. They will have to go outside of the Company’s facility in the designated smoking areas on the property.
Drug abuse has always been a very delicate question as it always it deals with the health, well-being and even lives of human beings belonging to any country. Many people have argued that mandatory drug testing is a violation of their civil rights guaranteed by the Constitution. The Fourth Amendment grants you the right against unreasonable searches and seizures, otherwise known as a person's right to privacy. However, employers have the right to know whether or not the people working under them are stable to do their jobs. Indeed, for safety of all the humans randomly drug testing is the best way to maintain the quality of the employees.
This is not a new technique as it has been around for sometime though in a different setting. Currently, most Americans working in either the private or the public sector must undergo a urinalysis test in order to keep their present jobs or get a new one (The Lectric Law Library par.2). This test is carried out in order to assess whether the worker is using drugs in order to evaluate the job performance of that particular worker. However, this exercise has faced a number of obstacles particularly law suits that have seen many federal courts rule out these practices in the workplaces. They are considered unconstitutional except when there is a reasonable suspicion on a particular individual who can then be forced to undertake the tests. Despite these obstacles many people believe that the employers have a right to assess the performance of their employers in order to safeguard their investments. Moreover, innocent employees need not worry if they have nothing to hide about their personal lives since the tests do not pose any life threatening experiences (The
Employers initially constructed charming smoking zones, designating for employees as a smokers' lounge; however, the concept, satisfied no one, considering, non-smokers customarily endured walking through clouds of smoke to reach work. Employers desired the smoking accommodations close to their jobs as possible, therefore, employees required less time for their smoke breaks. (Heathfield,
Smokers face many challenges in the modern world, and one of the biggest happens in the workplace. Many large – and small – employers have taken a strict zero-tolerance approach to smoking in the workplace, and that can literally leave smokers with no place to
I don’t think its fair for an employer to discriminate someone for a position because they smoke or are overweight as long as it does not affect their ability to perform or affect others. Unfortunately, its is the business owner or manager who determines the image they want to sell for their business and what is best in the interest of the business or the services they provide. Depending on their line of work the position may require the person to be fit and someone who is overweight or smokes may not be able to perform certain tasks.
There are people that abuse their “smoking privileges”. I personally hate smoking but as long as they don’t abuse their privileges on “smoking breaks” I would be okay with it. I can’t discriminate against anyone, because I know there are habits of my own that some people I’m sure hate as well.
The president’s office has put out a memo with its policy guidelines concerning Medical Marijuana. These guidelines are clear in that marijuana is legal in twenty-three states. As far as the federal government is concerned, it is a no-no for federal employees. The Office of Personnel Management alerted the supervisors of all agencies that the federal law profits use of medical marijuana by government employees circumstances an employee could be fire, even if they are located in one of the legal states. In some situations even having marijuana could incur stiff penalties. Executive order number 123546 drug-free workplace, makes it clear that drug use, including medical marijuana
Despite not always having leaders who have extensive experience with the issues, so long as the leaders can manage the people and resolve issues that are better for the company and the employee, then those are the team members any CEO would defiantly want on their team. Continuing on developing the right team, Human Resource Managers cannot allow themselves or staff, to hire individuals purely on their sexual status. Both sexes have different qualities and provide different levels and types of experience and building a strong team with both sexes is better than building a weak team to employ the same sex to all positions. Those organizations who allow smoking in the workplace face push-back from both sides; which is not healthy for either side. Not only does smoking cause health problems, so does arguing, anger, and stress for both sides. Ultimately, individuals could eliminate all smoking issues in the workplace, simply from quitting to smoking. Finally, those who are smokers need to assess their situation and adjust their lifestyle to omit smoking, and for those non-smokers, they need to support family, friends, and coworkers who are trying to improve their overall health and leave the cigarette where it belongs, and on the other hand, the non-smoker needs to understand the smokers stress level will rise, and remain supportive. Before for
The smokers who choose to bring harm to themselves have the right to damage their health if they choose. The alternatives non smokers have are to not be in presence of smokers. Where public places advertise no smoking, and still supple designated areas for smokers they should still take in account that the smoke still ventilates the surrounding areas. My advice is not to engage where there is no smoking, and smoking areas. The fumes from the non smoking area cannot be contained completely. If you don’t want to stop passive don’t attend these public places. The article on line indicated if there was enough non-smokers going to these public facilities there would be no need to post no smoking () .
This paper will reflect and provide an overview of blue collar workers and effect of smoking. It even talks about a health promotion education project on Tobacco cessation.
Nicotine is highly addictive, which is one of the reasons why it is so dangerous. The nicotine withdrawals a person might go through can be one of the biggest reasons they cannot/will not quit. Smokers may know the dangers it causes, but have too much difficulty quitting and it is no longer an option for them. They may decide to continue smoking, accepting the risks simply because of the psychological and physical traumas quitting takes them through. One of the employees fired by Weyco in Michigan due to its ban on smoking, Cara Stiffler, spoke out about the policy. She strongly disagrees with the ban and she believes that quitting smoking is a fight about personal liberty. She says “I want to quit, but I want it to be on my terms, not someone forcing me to make that
According to Joseph Desjardins and Ronald Duska’s Drug Testing in Employment, administering a drug test before and during employment may be popular but is mostly unnecessary and a
Smoking can be very fun. Smoking is a good way to kick back during work. Smoking can actually be a reward, and a reward that we can give to ourselves at any time of the day. Smoking a cigarette after accomplishing a goal can be very pleasurable. Whether at home or in the workplace smoking can be used as a reward. After finishing a task or specified amount of work, a