Smokers on applications

hrncat

I work for a company that part of the business is in home sales. We've recently hired a chain smoker, and are concern with this person offending customers when in their homes because of the smoke odor. I've been asked to research and find out if having a "Are you a smoker?" question a application would be discriminatory.

Thanks

Balloonman

Well I know there has been some discussion on this in the past. Fact is you may not be able to legally ask this. However it would become obvious in the interview process if they are a heavy smoker. You can use your sense of smell and eliminate them based on that. Of course you might want to document that you found someone who is a better fit.
My $0.02 worth.
DJ The Balloonman

System

There is no federal protection for smokers. Some states protect smokers from discrimination. If they are not protected in your state, you can simply say "do you smoke?" If they do, you can rule them out. That may not be the best practice. A better one is, during the interview, review your break policy and ask them if they having any problem complying with it. The smoking policy should include references to customer contact, employees' work environment, smoking in company vehicles, etc.

Oh, I see this is your first post. Welcome to the Forum!

JM in ATL

Yes, welcome to the forum.

When I post ads, along with the EOE claimer I also add Drug and Tobacco Free workplace.

That there pretty much eliminates the problem up front of if I am hiring a smoker or not. Reason being is b/c they can not smoke while at the office, using company property such a vehicles or at "business" functions such as dinner meetings with clients.

However, I did have a long term employee actually quit b/c of the no smoking rule.

But the fact is it could be looked at as discriminatory on an application, especially if the candidate suffers from a smoking related disease. Then he/she can claim that they didn't get the job b/c of their illness, then you are just opening up another can or worms.

What does your policy currently say about smoking at work?

LarryC

Your key word here is "odor". Regardless of their smoking, if the odor persists and it ia objectionable, then you can treat it the same way as a problem with body odor or heavy perfume odor.

deniseE

I don't think you can ask if they smoke. A "yes" answer may lead you to believe that they will be unable to follow your policies, but that may not be the case...and lead to discriminatory actions.

In the alternative, look carefully at your policies....establish a clear policy about no smoking in the client's homes....this becomes a disciplary issue rather than a smoking issue...and you're on much more stable ground.

good luck!

Shadowfax

Denise, and others who think you cannot ask about smokers, I would appreciate you elab orate onthe analysis. What protected classification and illegal discriminatory action could come of it? Someone mentioned the possibility of not getting a job because of a protected disability, which, Isuppose you could conjur if you spent enough time, but beyond that, I can't think of any other cause of action. As an aside, I was seated next to an apparantly heavy smoker on a flight last week, and it the smell about did me in. The plane was full and I couldn't move. It was miserable. I was blue after two hours of holding my breath. I'm sure not in favor of hiring a problem if I can avoid it, and asking seems prettty innocuous to me. I'll watch for the discussion I hope comes. Thanks.

mwild31

[font size="1" color="#FF0000"]LAST EDITED ON 03-15-04 AT 10:54AM (CST)[/font][br][br]Not being an attorney or knowing all the ins and outs of working in North Carolina, I would think this link should help answer the question:

[url]http://www.ncga.state.nc.us/Statutes/GeneralStatutes/HTML/BySection/Chapter_95/GS_95-28.2.html[/url]

If I'm reading the text correctly, asking an applicant on the application if they smoke and using that information to not hire, could lead to a discrimination charge based on the state's protected off-duty law & could lead to a civil case against the company.

mwild31

I was doing some research on the cross-dressing thread & pulled out my Feb. 2003 SHRM mag. and ran across something interesting for this thread. If I'm looking at my map right, North Carolina protects off-duty use of lawful products, which would include tobacco products. Here's what I would do, I would tell the smoker that what he/she does on their off-time is their own thing, but when they are representing the company (on the clock) they must be clean and well-groomed. I would also tell the smoker that it's come to your attention that they smoke, a lot, and that they will have to really work at adhering to the grooming/hygiene policy in order to stay in compliance or face disciplinary action. I would treat this the same way as I would with someone with BO, the first meeting is polite, respectful and firm. The second meeting is a write up. Good luck.