Nicotine excludes employment at Pa hospital!

Status
Not open for further replies.
Interesting that they cite a 1987 ruling that smokers are not a protected class. It is again disturbing that they are testing for nicotine and then listing some "available" options for smoking cessation. Is Nicotine Replacement one of the available options?

If it is not and they refuse to hire someone on the basis of a positive test for a legally prescribed medication, they are in violation of ADAA 2009.
 

Sun Vaporer

Moved On
ECF Veteran
Jan 2, 2009
10,146
27
Florida
Interesting that they cite a 1987 ruling that smokers are not a protected class. It is again disturbing that they are testing for nicotine and then listing some "available" options for smoking cessation. Is Nicotine Replacement one of the available options?

If it is not and they refuse to hire someone on the basis of a positive test for a legally prescribed medication, they are in violation of ADAA 2009.


I would tend to agree that this would be a good faith argument to make Thulium. What is next, no morning cup of Joe?

Sun
 
I would tend to agree that this would be a good faith argument to make Thulium. What is next, no morning cup of Joe?

Sun

As a former smoker, I don't really like the idea of discrimination on that basis but I understand the reasoning behind it and admit there is no "right to smoke".

However, there is currently no test for the unprotected activity of cigarette smoking that does not give the same result for the protected activity of using a prescription medication containing nicotine.
 

telsie

Super Member
ECF Veteran
Verified Member
Jun 26, 2009
624
165
Maryland
How do they define "Smokers" in this policy?

Someone who performs the act of combusting and inhaling a lit tobacco cigarette, and the exhalation of the byproducts not absorbed by that individuals body?

Or "anyone" with a positive nicotine presence in their test results?

Sounds like a very big grey area in there.


In this other article about it, they say they will not hire anyone who tests positive for nicotine.

St. Luke's Hospital In Bethlehem Plans To Stop Hiring New Employees Who Are Smokers - cbs3.com

So they're saying this is about smoking because that's an easy scapegoat, but it's a zero tolerance policy against nicotine usage of any kind. Even if this was strictly about smoking, it's outrageous and it's a horrible idea to allow any employer the right to pry into the personal lives of their employees. If a policy like this is legally allowed to stand, imagine the restrictions on people's lives that will be coming down the road.
 

trukinlady

Resting In Peace
ECF Veteran
Feb 24, 2010
1,125
178
Missouri, USA
This has gone too far! Over the years there have been more and more restrictions placed on smokers. Smokers are being treated as pariahs! Outcasts!

tobacco is not classified as a controlled substance. It is not illegal to be in possession of it. It is readily available to consenting adults. How dare they try to dictate the terms by which a potential employee can be hired! That is blatant discrimination! If the controversy was about an issue other than tobacco use, it would be unheard of!

Perhaps there is not a "right to smoke". But that does not give license to employers, or anyone else, to dictate terms to tobacco users.
 

thaitee

Senior Member
ECF Veteran
Feb 5, 2010
192
1
AZ
I work in a hospital here in Phoenix,AZ. They are banning the smoking areas. That I can understand.
Now there is talk of banning all nicotine. Even the patch,gum and e cig. It's ridiculous. The actual act of smoking I can understand the health issues of other patients but it's not going to keep some patients and staff from lighting up..trust me, they will be trekking across the street bare assed in their hospital gown to light up. But for people that are trying to quit? This policy wont help them at all!
 

rothenbj

Vaping Master
Supporting Member
ECF Veteran
Verified Member
Jul 23, 2009
8,285
7,707
Green Lane, Pa
This has gone too far! Over the years there have been more and more restrictions placed on smokers. Smokers are being treated as pariahs! Outcasts!

Tobacco is not classified as a controlled substance. It is not illegal to be in possession of it. It is readily available to consenting adults. How dare they try to dictate the terms by which a potential employee can be hired! That is blatant discrimination! If the controversy was about an issue other than tobacco use, it would be unheard of!

Perhaps there is not a "right to smoke". But that does not give license to employers, or anyone else, to dictate terms to tobacco users.

This isn't a small hospital, it basically covers the entire Leigh Valley_

Locations - St. Luke's Hospital & Health Network


It looks to me like a complete nicotine ban. They talk about smoking, but then they say they are testing for nicotine. As has been the case in the last twenty years, the nicotine user has been relegated to second class citizen. Sooner or later it will move on to other segments of society though. I would guess overweight individuals will be the next targets.

That has been a taboo subject in the past, but with health being the new rally cry, how can this segment of society be overlooked in the future.

What I'm curious about is whether contractors will be tested. Most doctors are not employees and there have to be some the use nicotine in some form. Perhaps we need to have rules like this affect the people that allow such regulations. Maybe anyone who wants to run for public office should be tested and disqualified if they test positive.
 

thorn

Ultra Member
ECF Veteran
Mar 22, 2010
1,211
203
TX, USA
So basically, even a non-smoker who is exposed to second hand smoke from traditional cigarettes or lives with a smoker, could test positive and be denied employment?

So if your live-in relative/roommate smokes, you are not eligible to be hired? So if you hang out at bars that allow smoking, you are not eligible to be hired? What doses are they measuring? Be careful if you eat too many nightshade plant vegetables! How long do nicotine traces remain in the body?
 
So if your live-in relative/roommate smokes, you are not eligible to be hired? So if you hang out at bars that allow smoking, you are not eligible to be hired? What doses are they measuring? Be careful if you eat too many nightshade plant vegetables! How long do nicotine traces remain in the body?

Actually, I believe there is a threshhold of nicotine content that you'll never reach from secondhand smoke. I would give them the benefit of the doubt that a false positive would be overlooked.

Still, the fact that this discriminates against people with any disability that is treated with nicotine appears to be a direct violation of ADAA 2009.
 

Mr.Frost

Senior Member
ECF Veteran
Verified Member
Mar 26, 2010
95
11
N.Y.
So if your live-in relative/roommate smokes, you are not eligible to be hired? So if you hang out at bars that allow smoking, you are not eligible to be hired? What doses are they measuring? Be careful if you eat too many nightshade plant vegetables! How long do nicotine traces remain in the body?

No way, right? There has to be a mistake.
Honestly, this really seems too ridiculous to be true, right?

My parents were from Italy, "straight off the boat" as they used to say.

My father was so friggin' proud to be an American and live in the U.S.

If he could see what's become of this country, he would cry.


Frost
 
Status
Not open for further replies.

Users who are viewing this thread