Can I legally not hire smokers?
A number of
employers have gone on record announcing that they will not hire smokers. And, while this sounds as if it the company
is promoting a culture of wellness, it can be construed as discrimination. In fact, there are twenty nine states and the
District of Columbia that have protection in place for smokers; below is a list
of the states as reported by the American Lung Association.
■California
■Colorado
■Connecticut
■District
of Columbia
■Illinois
■Indiana
■Kentucky
■Louisiana
■Maine
■Minnesota
|
■Mississippi
■Missouri
■Montana
■Nevada
■New
Hampshire
■New
Jersey
■New
Mexico
■New
York
■North
Carolina
■North
Dakota
|
■Oklahoma
■Oregon
■Rhode
Island
■South
Carolina
■South
Dakota
■Tennessee
■Virginia
■West
Virginia
■Wisconsin
■Wyoming
|
If you are hiring
in these states, it is illegal to base your decision to hire, or not to hire,
simply on if the candidate is a smoker. You can, however, choose not to hire a
candidate based on other, legal, factors.
Frankly, you may miss out of some
great talent by limiting the pool based upon if the candidate smokes as the
single factor as the CDC found that 19% of all American adults were smokers in
2010.
What can I do as an employer?
As an employer,
it is within your right to ban smoking on your property. While this will not stop the smokers
completely, it will deter the activity on company time and in front of your
patients.
It is also
worthwhile to look into cessation plans for your employees. If your dental practice currently offers an EAP
(Employee Assistance Program), look into the benefits that it provides and
encourage your staff to take advantage of the services.
Another option to
consider is a having cessation program available. The American Lung Association
endorses its own program, Freedom From Smoking, as an option for employers to
provide to their staff; it allows the employee different options to cater to
their own lifestyle such as online support, a hotline, and one on one
support. For more information, check out this site:
Freedom From Smoking.
With the right
resources and encouragement; you can make a difference in promoting a smoke
free workplace while retaining quality staff.
Monitor the results of your efforts and listen to the feedback of the
staff members. It is possible to have a
happy, healthy staff. A happy staff is a
productive staff; and that is not just “blowing smoke.” Contributed by Tiffany Worstell, Dental Staff Recruiter- Nationwide. To Contact Tiffany, call 540-491-9112, or email at tworstell@etsdental.com