Nicotine Discrimination

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Nicotine - All Uses

2020: U-Haul announces nicotine-free hiring policy in 21 states

  • The Phoenix, Arizona-based moving and storage company announced Monday that it will soon be "the first major company in its field to decline job applicants who are nicotine users." This policy will be implemented in the 21 states that allow denying jobs based on the use of nicotine.
  • U-Haul's Press Release

2019: Dayton’s decision to stop hiring smokers sparks reaction

  • The city of Dayton’s decision to stop hiring people who use tobacco or nicotine has sparked a debate about if and to what degree employers should be able to restrict employees’ off-the-clock conduct.

Nicotine - Smoking

2016: Not hiring smokers is discriminatory, say groups

  • Smokers’ rights groups and civil liberties advocates say the trend toward not hiring smokers in Ohio is discriminatory and could lead to bans against hiring others at risk of missing work.
  • “While I applaud the idea of a drug-free workplace, a ban on tobacco redefines the concept,” Dyer said.

Nicotine - Snus / Smokeless Tobacco

Nicotine - ENDS / Vaping

Healthism - A New Form of Discrimination?

2014: Healthism and the Law of Employment Discrimination

  • What if employers could use personal (legal) choices related to our wellness to make decisions regarding whether to hire us? Recently, employers around the country attempted to do just that.
  • Nicotine
  • Body mass index (“BMI”)—a medical heuristic—uses a person’s height and weight to approximate their amount of body fat.
  • Legal lifestyle choices
  • Off duty alcohol
  • Cholesterol
  • Blood Pressure
  • Insurance premiums

Lifestyle Discrimination in the Workplace: Your Right to Privacy Under Attack

  • Private employers are using the power of the paycheck to tell their employees what they can and cannot do in the privacy of their own homes.
  • Virtually every lifestyle choice we make has some health-related consequence. Where do we draw the line as to what an employer can regulate? Should an employer be able to forbid an employee from going skiing? or riding a bicycle? or sunbathing on a Saturday afternoon? All of these activities entail a health risk.