Pima County may vote to refuse to hire smokers

[AndriaD]

The outrage has nothing to do with tobacco, smoking, or nicotine. It would be a sad day indeed when public agencies can arbitrarily choose who is allowed to work for them based solely on legal lifestyle choices outside of work.

Yeah... I mean, isn't this JUST LIKE saying, you can't work here if you're gay, or Muslim, or your skin is darker than the following example... or even, if you have more than 2 children, or you drive such-and-such car, or live in such-and-such type housing... it's exactly the same, as far as I can tell -- don't they have any lawyers working there, to tell them, uhh wait, this is against the law... ?

Andria

 

[KurrptSenate]

As long as this sets a precedent and companies can decide to not hire fat people as well...

 

[squee]

Yeah... I mean, isn't this JUST LIKE saying, you can't work here if you're gay, or Muslim, or your skin is darker than the following example... or even, if you have more than 2 children, or you drive such-and-such car, or live in such-and-such type housing... it's exactly the same, as far as I can tell -- don't they have any lawyers working there, to tell them, uhh wait, this is against the law... ?

Andria

No, because in more than half the states, it's legal to fire someone for being gay (or even if you think they are).

Reminded me of something I saw on 60 minutes a few years back - based on this

At one Michigan company, where there is smoke, you're fired.

"If you test positive for tobacco, you lose your employment here," says Howard Weyer of his health care company Weyco.

As CBS News Correspondent Sharyn Alfonsi reports, he not only forbids employees from smoking on the job, he'll fire them if they smoke ever.
......
Twenty-eight states and the District of Columbia have enacted laws protecting smokers, but in nearly half the country, including Michigan, kicking smokers to the curb is perfectly legal.

 

[stevegmu]

I was unaware smokers and vapers were disabled and thus a protected class...

 

[bigdancehawk]

Yeah... I mean, isn't this JUST LIKE saying, you can't work here if you're gay, or Muslim, or your skin is darker than the following example... or even, if you have more than 2 children, or you drive such-and-such car, or live in such-and-such type housing... it's exactly the same, as far as I can tell -- don't they have any lawyers working there, to tell them, uhh wait, this is against the law... ?

Andria

Here's the rub: Not all forms of discrimination are illegal. So it's not "JUST LIKE" discrimination on the basis of sexual preferences, religion or skin color because vapers aren't in a legally protected class. Private employers can discriminate on the basis of arbitrary and irrelevant criteria, providing they are not discriminating against a class protected by statute. Governmental agencies, OTOH, must at least have some "rational basis" for actions and policies which adversely affect a particular group of people, even if they aren't in a legally protected class. Unfortunately, "rational basis" is a really low hurdle and just about anything that isn't totally ridiculous can pass muster.

 

[bigdancehawk]

I was unaware smokers and vapers were disabled and thus a protected class...

Here are the state laws that protect tobacco users from discrimination by employers:

Tobacco-only laws: Eighteen states prohibit discrimination against tobacco users. These states are Connecticut, District of Columbia, Indiana, Kentucky, Louisiana, Maine, Mississippi, New Hampshire, New Jersey, New Mexico, Oklahoma, Oregon, Rhode Island, South Carolina, South Dakota, Virginia, West Virginia, and Wyoming.

Lawful consumable products laws: Eight states protect employees from discrimination if they use lawful consumable products, which would include tobacco. These states include Illinois, Minnesota, Missouri, Montana, Nevada, North Carolina, Tennessee, and Wisconsin.

Lawful outside activities laws: Four states say employers can't discriminate against employees who engage in lawful activities outside of work. Those states are California, Colorado, New York, and North Dakota

Can An Employer Discriminate Against Me Because I Smoke?

 

[Kent C]

Here's the rub: Not all forms of discrimination are illegal. So it's not "JUST LIKE" discrimination on the basis of sexual preferences, religion or skin color because vapers aren't in a legally protected class. Private employers can discriminate on the basis of arbitrary and irrelevant criteria, providing they are not discriminating against a class protected by statute. Governmental agencies, OTOH, must at least have some "rational basis" for actions and policies which adversely affect a particular group of people, even if they aren't in a legally protected class. Unfortunately, "rational basis" is a really low hurdle and just about anything that isn't totally ridiculous can pass muster.

So the solution is to make vapers (and smokers) into a class protected by statute Let's see - how is it that groups protected by statute now, got that way.

- people discriminated against them... √
- bullied them... √
- harassed them... √
- in some cases put them in "designated areas".... √
- made it impossible for them to gain access to buildings... √
- kept them from attending certain schools... √
- no parking areas to accommodate their needs... √
- stopped them from certain clubs - where they had to create their own... √
- basically demonized them.... √

Hey, we're in!

(with all due respect to other groups)

 

[DC2]

As long as this sets a precedent and companies can decide to not hire fat people as well...

I want people to NOT hire anyone who does not workout for at least 15 minutes per day.
Or has DNA that signals a potential for some kind of disease.

This is the world I want to live in.
NOT!

 

[AndriaD]

I want people to NOT hire anyone who does not workout for at least 15 minutes per day.
Or has DNA that signals a potential for some kind of disease.

This is the world I want to live in.
NOT!

Heh... I workout my fingers, all day long. And sometimes, provoked by some new ANTZ stupidity, I workout my lungs and profane vocabulary. Does that count?

Andria

 

[Anjaffm]

@AndriaD:

Oooooh yeah, that is my kind of workout too

And I fully agree with DC2. That stuff is discrimination. Pure and simple. And the first step down a very very slippery slope.