Okay, I guess since you disagree with me, that I’m a liberal now. /s
I don’t disagree with you, but employers should have no concern about what people do when they are not working. Unless it is affecting their job performance(ALCOHOL, DRUGS). Explain to me how smoking tobacco at home will affect my performance at work.
There were a ton of other LEGITIMATE things they could have denied me consideration for. But they chose to say that I WILL NOT BE HIRED because I smoke, after pointing out that I would not smoke at work, or come to work smelling like cigarettes.
You must also believe in following the law. Well here is the statute.
659A.315 Restricting use of tobacco in nonworking hours prohibited; exceptions. (1) It is an unlawful employment practice for any employer to require, as a condition of employment, that any employee or prospective employee refrain from using lawful tobacco products during nonworking hours, except when the restriction relates to a bona fide occupational requirement.
(2) Subsection (1) of this section does not apply if an applicable collective bargaining agreement prohibits off-duty use of tobacco products. [Formerly 659.380; 2005 c.199 §3]
So you tell me, is the employer BREAKING the law, by denying me(a prospective employee) from consideration from hiring because I SMOKE OFF WORK?
First of all the law you quote is a stupid law that limits the liberty of a business owner to use whatever criteria they wish to fill their employment rolls. If the law prohibits the employer from taking into consideration what you do outside work, then I suppose you would be just as upset if you were a polygamist and the employer refused to hire you because he thought you were both stupid an immoral. Or if you had a dozen boyfriends that you invited over every weekend for group sodomy.
Tell you what, NEWBIE. Why don't you get a lawyer (not me) and sue the company. If you love this law more than you love LIBERTY then file a lawsuit and accuse them of discriminating against you because you smoke outside work.
A word of warning, however, NEWBIE, your lawsuit is a public record and every potential employer you ever visit again will probably find your name on a lawsuit against a business for Labor Law violations and you will reduce your chances of getting hired by anyone else pretty much down to zero.
So you have a legitimate case against the employer for a possible (but probably impossible to prove) smoker discrimination suit. OK, you can whine about it here on FREE REPUBLIC, where most of us HATE these stupid anti-Liberty laws or you can shut up, hire a lawyer and sue the bastards.
Your choice.
My first advise to you stands. You should write the employer and tell them that you appreciate their moral stance and that if someday you manage to kick the filthy habit that will someday kill you if you don't kick it, that you would be honored to work for them.
So, what are you going to do? Sue them, thank them or just bitch about it here where frankly nobody gives a damn?