Smoking

[Born_for_it]

Does anyone out there LEO ? smoke? as in cigarettes or cigars because this seems to be a big issue in the hiring process and i am in the midst of quiting.

Thanks

[krj]

BFI:

I'm treading on thin ice a bit with this issue, because I don't have a lot of experience with it. But I came across this site this morning after reading your post:

http://www.toolkit.cch.com/text/p05_5195.asp

It's only one source, but if I understand it correctly, Nevada is one of those states where employers canNOT discriminate against employees on the basis of tobacco use outside of the workplace (either in hiring or retention practices).

I also have something from the American Lung Association re: smoking in the workplace. Included:

"Can an Employer Legally Create a Smoke-Free Workplace? Yes."

"The consensus of legal opinion is as follows: Except in the rare instances when a labor contract exists which includes language prohibiting restrictions on smoking, the employer is free to eliminate all smoking on company premises."

Some employers circumvent the problem of smoking in the workplace by hiring only non-smokers. Since smoking is not a naturally occurring characteristic and is not a right protected by the first amendment, there are no grounds for a consitutional challenge to this type of policy, as long as the policy is applied equitably."

There's a bunch of issues tied into your question and your situation:

1. If this is a new policy, was timely and adequate notice given to all employees (or prospective employees)

2. If this is a new policy, it could be construed as a change in working conditions, or a change in conditions of employment - which could make it a union/collective bargaining/human resources issue

3. Is this policy only for new hires, or for everyone in the department (that "applied equitably" thing)

4. Is this a policy only for your LE department - or does it apply to ALL city/municipal employees (again, the "applied equitably" thing)

5. Is this a formal (written) or informal (unwritten) policy?

I don't really have any answers for you at this stage, but if it is coming down to "I'm in the midst of quitting" - I would really encourage you to pursue this further (either with your own questions, or whoever represents your interests re: grievances).

I'll try to find out more this week, and I hope that others who read this post can also offer guidance. Good luck.

[krj]

BFI:

Please take a look at these sites:

This one explains the reasoning behind the growing number of smoke-free workplaces, as well as the growing number of companies that are hiring only non-smokers. It also provides lists of all states that have statutes re: these two issues.

http://www.hrcomply.com/pdfs/books_sample.pdf

This site is a State of Nevada site, and addresses the issue of discrimination against those employees who smoke.

http://www.leg.state.nv.us/nrs/NRS-613.html#NRS613Sec333

Forget all those questions I posed to you yesterday. Three sites (including the State of Nevada site) indicate that it is unlawful to discriminate against smokers (either in hiring or retention practices)in Nevada.

Again, I am treading on thin ice with this - but unless there is something that I am missing, I believe that your department may be engaging in unlawful employment practices.

[krj]

BFI:

I just re-read your original post, and if I misconstrued it the first time (which I am now thinking is what I did), then I probably gave you a bunch of information that you didn't want or need.

If that's the case - sorry about that!

:rolleyes: :rolleyes:

[MurielLowe]

Everyone if different. George Burns was a very heavy smoker (actor who died at age 100) Others die young of lung cancer ---some who have never smoked (due to their own smoking or second hand smoke.)

Smoking is also a dirty habit. It makes you smell as well as your clothes. Let's not forget the cost- wow. It also annoys most around you. It will also be the cause of more expensive health ins. It makes you less efficient at work and that and the effects on your health can cause you not to get hired. Quite a few employers feel this way as health ins. is already outrageously expensive.

If you're a guy try sucking on a pipe. Guys and gals go for gum. Amazingly chewing gum has a few health benefits. Even if it has sugar in it it still helps to clean your teeth.

You can get mega hooked on them any time. For guys it damages your sperm, for gals it causes birth defects especially slow and inadequate growth. It damages other parts of your innards too. The damage is NOT easily corrected if at all.
:cool:

[USMCadam]

What is the only thing if used as directed will kill you???

The answer is: SMOKING

*Just a little fun fact...