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Smoker Descrimination - 8/5/2006 11:03:57 PM   
Chaingang


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Heat Rises Over 'No Smokers Hired' Policy
http://www.law.com/jsp/article.jsp?id=1106573714343

A Michigan company's recent decision to stop hiring smokers has angered employment lawyers who allege that the new no-smoking policy reeks of discrimination.

Several attorneys say the policy, which also requires that all employees undergo testing for tobacco use, goes too far in that it aims to regulate legal activity -- in this case smoking.

Moreover, they argue, it monitors what people do outside the workplace and discriminates against their lifestyles, a practice that is banned in 29 states that have smokers' rights statutes, also known as "lifestyle rights laws," which prohibit employers from discriminating against smokers.

(more at link)

---

Health Care Company That Fired Smokers Also Targeting Fat
http://www.nbcsandiego.com/health/4134754/detail.html

A Michigan health care company that fired four employees for smoking is also targeting fat.

Howard Weyers, the founder of Weyco Inc., said he wants to tell fat workers to lose weight or else, Reuters reported.

Weyers brought in weight experts to speak with employees, according to Reuters. The company also offers employees a $35 monthly incentive for joining a health club and $65 for meeting fitness goals.

(more at link)

---

This was mentioned in another thread and I found it interesting. I do not agree with the policies of Weyco Inc. and I believe they have crossed the line into madness with this bullshit. FWIW, I also disagree with drug testing in the workplace in general - and this stuff pretty much runs the limit.

It's interesting to note that by firing the smoking workers Weyco has left itself open to some very serious liability. I personally believe their slightly more friendly attitude about weight loss is intended as risk management - not a flip-flop quite. What they should have done is offered smokers incentives to quit smoking as they have since offered overweight employees incentives to lose weight - alternatively, they could have calculated the added costs to health insurance and made the smokers pay that portion of their coverage.

Firing the smokers was just crazy. I am sure many lawyers smell the stink of money on that one! Weyco Inc. will pay out large on that boner.

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RE: Smoker Descrimination - 8/5/2006 11:17:32 PM   
KazeNoKitsune


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People actually do this kind of thing?  Oh brave new world...  What gives this company the right to decide what's best for their employees when they aren't even there?!?

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RE: Smoker Descrimination - 8/5/2006 11:25:24 PM   
Estring


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The slippery slope just gets more and more slippery.

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RE: Smoker Descrimination - 8/5/2006 11:39:02 PM   
Kedikat


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I am all for banning smoking in all but your home ( if no kids there ). But banning you for being a smoker? crosses the line. If tobacco had been banned as the highly addictive and destructive drug it is a long time ago, it might have some merit to have job site testing. But this isn't the case. The tobacco industry and government have a long profitable history. ( more public than other narcotic/political/money dealings ) If a company can dump you for smoking, then the government that continues to allow it can buy you up. Else, suck it up, business, medical care and insurance and definitely every level of government. Have your cake and choke on it too.
Pack a day smoker me. Ban it, smother it. Save the children.

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RE: Smoker Descrimination - 8/5/2006 11:45:29 PM   
LuckyAlbatross


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Firing (or not hiring) someone for things done privately, things that are not illegal, and things that do not affect the companies well-being is completely wrong IMO.

The company of course says that it affects their well being by driving up costs of healthcare and sick time and other factors.  I think this is a dangerous slope and based on extremely shaky ground. 

I know there have been many examples of company's infringing on or toeing the lines of people's private choices- and I do fear that it will only continue.

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RE: Smoker Descrimination - 8/6/2006 12:26:08 AM   
KenDckey


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As both a smoker and fat guy I personally disagree with the corporate mandates, however in my profession, this has been discussed for several years.  It has already been through the courts and the company won.   I can't remember the case specifics, sorry folks, so there is no link.

As a former union steward, I know that the unions also discussed it at length.  Although they fought for smoking areas, etc, the general consensus of the union highers was that smokers cost the union more money (especially in the trades) because they provided the medical, etc.

California OSHA has the best ones though.   If you smoke within 20 feet of a business entrance, then you can be personally fined.   There was no exception for how fast you went past the entrance, so driving and smoking within 20 feet is a problem for the driver.

California has this silly law that says that you can't smoke within close proximity of a tot lot.   What the heck is close proximity?  I agree with the no smoking, but get real and set a distance.   Some Parks Departments set close proximity at within the park boundries.

Soooooooo regardless of whatever side you are on, I believe that the smokers are losing because we are politically incorrect.

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RE: Smoker Descrimination - 8/6/2006 12:27:09 AM   
Chaingang


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Followup links...

Drug test
http://en.wikipedia.org/wiki/Drug_test

PUBLIC EMPLOYEE DRUG TESTING: A LEGAL GUIDE
http://www.workrights.org/issue_drugtest/dt_legal_guide.html

Other links from same site:
http://www.workrights.org/issue_lifestyle.html
http://www.workrights.org/issue_genetic.html
http://www.workrights.org/issue_medical.html

-----------------------------------------------

KenDckey:

I defend your rights to a chosen lifestyle and to do as you like in your own home. I don't personally mind that you are a smoker, I just don't want it in my face in a public space. So whereas I would defend your rights to be precisely who you are, I could only defend your freedom to smoke in your own home. But I am adamant about your freedom to that very thing.

I am likewise adamant that we need to take back some privacy and fast. I do not want to live in a society that will discriminate on the basis of lifestyle choices, genetic predisposition, medical records, drug use unrelated to work, etc.

In another thread someone was demanding the right to smoke cigars in front of contract workers - essentially the exact reverse of the OP situation in this thread. Personally, I think that's wrong. When that person is alone and in his home or some other private place where he troubles no one else, he can do whatever he wants. But if even one of his contract workers objects to the cigar then I think it's fucked up of that person to impose the cigar smoke upon the non-smoker. It would also be rude to assume that the objection to the cigar smoke was purely aesthetic (although I personally find that sufficient IMNSHO) when there may just as easily be a health concern at stake for the person objecting.

I really do think there is a middle road to be found here. But it isn't the status quo of what happened throughout most of the last century. Times have changed. At the same time we need to make sure the changes are reasonable and do not trample upon the very real freedoms at stake for us all.

A person's home is their castle. If a person engages in a perfectly legal activity in their own place what possible objection can others have? I certainly don't think it's an employer's worry. It's ridiculous that what one does 9-5 might come to rule them 24/7. It's so absurd!




< Message edited by Chaingang -- 8/6/2006 12:47:20 AM >


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RE: Smoker Descrimination - 8/6/2006 12:31:46 AM   
Estring


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Soooooooo regardless of whatever side you are on, I believe that the smokers are losing because we are politically incorrect

Politically incorrect? That's an understatement. You are worse than Al Queada in many people's eyes!

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RE: Smoker Descrimination - 8/6/2006 12:39:31 AM   
KenDckey


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Yeah no kidding   LOL

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RE: Smoker Descrimination - 8/6/2006 3:55:08 AM   
Level


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Some more links (hopefully not repeating any of the ones Chaingang has supplied us with):

Weyco Announces Plan to Charge Employees if their Spouses Smoke
 
http://www.smokersclubinc.com/modules.php?name=News&file=article&sid=2438

Here's a link to the story 60 Minutes did on Weyco (also mentioning the North Miami Police Dept, and CNN, as others that had no smoker policies, but they rescinded them).

http://www.cbsnews.com/stories/2005/10/28/60minutes/main990617_page3.shtml

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Fake the heat and scratch the itch
Skinned up knees and salty lips
Let go it's harder holding on
One more trip and I'll be gone

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RE: Smoker Descrimination - 8/6/2006 5:20:39 AM   
mistoferin


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Thank you Chaingang. I don't know what the eventual outcome will be, but I can tell you that once this went into place....many other Michigan companies followed suit....including my former employer who became the second business to do so. That is where I had the misfortune of interacting with Mr. Weyers. The company that I worked for is a worldwide company and immediately put these policies in place in all of their US locations. I know they were also considering it for their locations in the UK and Germany but I do not know if they ever followed through. I don't believe the plan was considered for their facilities in Mexico. 

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RE: Smoker Descrimination - 8/6/2006 5:39:42 AM   
spankmepink11


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I can remember laughing at the hypothetically utopian society in the  90's movie Demolition Man
where anything that was not healthy was  illegal....salt...meat...alchohol....etc

It appears we may  get there yet unless we make our voices heard and demand the right  to our  legal lifestyle choices.  (not to mention...making some of the illegal ones that have no negative affect on society legal)

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RE: Smoker Descrimination - 8/6/2006 6:33:50 AM   
MistressLorelei


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If your habit, size, or  lifestyle doesn't prevent you from doing your intended job.... employers should have nothing to say about it.  I think it's fair that if certain people cost more to insure, those people pay more insurance premiums.  If companies encourage fitness and a healthy lifestyle, that's wonderful, but people shouldn't be fired or not hired because they are smokers. What people do on their own time in their own place is their own business.

The only problem I would have as an employer, would be that some smokers need a 5-10 minute break every hour.   That does interfere with work and should be limited.  Also, there is little more of an unwelcoming situation to some customers, than walking into a company (especially a restaurant) where a group of  employees is smoking just outside the door... and especially when they don't wash their hands afterward and then go serve food.

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RE: Smoker Descrimination - 8/6/2006 7:42:29 AM   
ShiftedJewel


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quote:

ORIGINAL: spankmepink11

I can remember laughing at the hypothetically utopian society in the  90's movie Demolition Man
where anything that was not healthy was  illegal....salt...meat...alchohol....etc

It appears we may  get there yet unless we make our voices heard and demand the right  to our  legal lifestyle choices.  (not to mention...making some of the illegal ones that have no negative affect on society legal)


Ok spankme... when that happens you can come up here and join us in the great underground and we'll throw rocks at the sheepherders together!!!
 
I've been telling hubby that Demolition Man wasn't just a movie, it was a prophecy... personally, I have no desire to memorize commercial jingles let alone listen to them all day long... I mute commercials now as it is!!! Give me Seiger!! Give me Shania!!! Hell, I'll even accept good ole Merle!
 
Jewel

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RE: Smoker Discrimination - 8/6/2006 7:56:33 AM   
Mercnbeth


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I'm hoping to come across as neutral and pragmatic.

There is a factor not highlighted in either link but very important. The only clue about what is behind this movement is contained in this quote from the 2nd link; "An official of the company -- which administers health benefits."

Health benefits is the key. A new, strict, health benefit program spearheaded by a health benefit company means this experiment and legal process will be used a precedent for future pricing policies by the health company and as a legal case for other companies to point to when they implement similar programs.

It's the un-talked about but one of the key reasons behind the government anti-gay marriage stand. By expanding the definition of spouse to cover same sex partners health and other spousal benefits would be required. There may not be many viable unions left in the US, but those that are have spousal coverage in their contracts. The cost to employers is huge. The largest employer in the US is strong and has great spousal benefits for their employees, in lieu of competitive pay. The largest employer? Not Walmart, but government is the largest employer; federal, state, county, and local civil employees. Now they may not make up a large part of the gay community, but getting married doesn't mean you have to have physical relationships or be in love. It can mean you want to help out a friend without insurance. At least that's the thought that goes through the head of anti-gay marriage people, not anti gay, but anti expansion of the definition of dependent, or spouse. It would cost employers money. Just have that in mind when you get into the anti-gay marriage argument and you're lucky enough to argue with someone who is willing to discuss the practical beyond the emotional.

Back to these trial balloons. This is a test. If this company can initiate insurance programs and rates excluding smokers, and/or the overweight they will by definition be cheaper for the employers. Employers will use them. It's beyond discrimination because it's your choice to work there. If you want to work there you have to not smoke or be fat. In "right to work" states, you'll have no appeal if you take up smoking or get overweight and get fired. Of course, liberal grass roots movements could start and get smoking and obesity to be defined as handicaps. In that event employers will have to accommodate them. That should be amusing, a movement on the 'rights' for smokers to be employed. Some current "Freedom Fighters" may have a problem with that, but that's what happens if you only use your personal preferences to define "freedom".

Consider this, if as an employer I instituted this program and put an ad in the paper announcing paid medical benefits to new hires, under the condition that they were non-smokers, height weight proportionate, subject to periodic testing, I could spin that as being a hero in a market where you don't have access to benefits, let alone get company paid benefits. The beauty is the cost of those benefits would be less than what I am paying now for my employees. (Yes - I pay 100% of all employee coverage)

Social issues and emotional issues usually have economical issues behind them. That is what this is all about. The rest is a 'smoke' screen.

< Message edited by Mercnbeth -- 8/6/2006 8:08:36 AM >

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RE: Smoker Descrimination - 8/6/2006 8:02:58 AM   
spankmepink11


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quote:

ORIGINAL: ShiftedJewel


Ok spankme... when that happens you can come up here and join us in the great underground and we'll throw rocks at the sheepherders together!!!
 

Jewel




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RE: Smoker Descrimination - 8/6/2006 8:27:08 AM   
Level


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This just in from the highlands........... sheepherders are demanding a cessation to descriminatory comments..... the rocks being tossed at them however had no statement.

_____________________________

Fake the heat and scratch the itch
Skinned up knees and salty lips
Let go it's harder holding on
One more trip and I'll be gone

~~ Stone Temple Pilots

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RE: Smoker Descrimination - 8/6/2006 8:51:31 AM   
ShiftedJewel


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quote:

ORIGINAL: Level

This just in from the highlands........... sheepherders are demanding a cessation to descriminatory comments..... the rocks being tossed at them however had no statement.


~~ Offers up the most sincere apologies and rewords it to say "sheepleherders"... lmao

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RE: Smoker Descrimination - 8/6/2006 8:55:19 AM   
painpup


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although there're places out here on net that give it straight media off shots that arn't controled i cann't list links or share them here but if emailed i'll share said info its time to put the dogs out respectfully

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RE: Smoker Descrimination - 8/6/2006 8:55:37 AM   
Level


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LOL Jewel

_____________________________

Fake the heat and scratch the itch
Skinned up knees and salty lips
Let go it's harder holding on
One more trip and I'll be gone

~~ Stone Temple Pilots

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