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Firing Smokers - Reading Beyond the Headlines
United Pro Smoker's Rights ^ | 5-11-05 | Stephanie Armour

Posted on 05/14/2005 8:42:05 AM PDT by SheLion

Firing Smokers - Reading Beyond the Headlines
Trend: You smoke? You're fired!

May 11, 2005
By Stephanie Armour

More companies are taking action against employees who smoke off-duty, and, in an extreme trend that some call troubling, some are now firing or banning the hiring of workers who light up even on their own time.

The outright bans raise new questions about how far companies can go in regulating workers' behavior when they are off the clock. The crackdown is coming in part as a way to curb soaring health care costs, but critics say companies are violating workers' privacy rights. The zero-tolerance policies are coming as more companies adopt smoke-free workplaces.

•Weyco, a medical benefits provider based in Okemos, Mich., this year banned employees from smoking on their own time. Employees must submit to random tests that detect if someone has smoked. They must also agree to searches of briefcases, purses or other belongings if company officials suspect tobacco or other banned substances have been brought on-site. Those who smoke may be suspended or fired.

About 20 employees have quit smoking under the policy, and a handful were fired after they opted out of the testing. "The main goal is to elevate the health status of our employees," says Gary Climes, chief financial officer.

•At Investors Property Management in Seattle, smokers are not hired. Employees who smoked before the ban was passed about two years ago are not fired; however, they can't get medical insurance through the company.

•Alaska Airlines has a no-smoking policy for employees, and new hires must submit to a urine test to prove they're tobacco-free.

"The debate has gone from where they can smoke to whether they can smoke," says Marshall Tanick, a Minneapolis-based employment lawyer.

Such bans are not legal everywhere: More than 20 states have passed laws that bar companies from discriminating against workers for lifestyle decisions.

There are other ways that companies are taking action against off-duty smoking, such as raising health care premiums for smokers.

Employers say it's about creating a healthy workforce. But it's also a bottom-line issue: Tobacco causes more than 440,000 deaths annually and results in more than $75 billion in direct medical costs a year, according to the Centers for Disease Control and Prevention.

Some smokers' rights groups are vowing legal action.

"These matters will be decided in the courts," says Redmond, Wash.-based Norman Kjono, with Forces, a smokers' rights group. "You're creating a class of unemployable citizens. It won't stand."

And legal experts fear companies will try to control other aspects of employees' off-duty lifestyle, a trend that is already happening. Some companies are firing, suspending or charging higher insurance premiums to workers who are overweight, have high cholesterol or participate in risky activities.




TOPICS: Culture/Society; Government
KEYWORDS: antismokers; augusta; baldacci; bans; butts; camel; cancer; caribou; cigar; cigarettes; cigarettetax; employmentatwill; fda; forces; governor; individual; kool; lawmakers; lewiston; liberty; lingeringstench; lungcancer; maine; mainesmokers; marlboro; msa; niconazis; painfuldeath; pallmall; pipe; pollutionpeople; portland; prosmoker; quitsmoking; regulation; rico; rights; rinos; ryo; senate; sintax; smokers; smoking; smokingbans; taxes; tobacco; winston; wodlist; workplace
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To: SheLion
"The main goal is to elevate the health status of our employees," says Gary Climes, chief financial officer.

And then declare bankruptcy like United Airlines to get out of their pension obligations after everyone starts living 40 years into retirement.

21 posted on 05/14/2005 9:05:07 AM PDT by Reeses (The evil force behind leftism is vanity and its sister sin envy.)
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To: HairOfTheDog
Really, if we knew how much our insurance coverage cost, we'd be much more inclined to keep pressure on companies for their outrageous premiums.

Well, when I worked I never once took off sick because I was a smoker.  I never had to use the company's health insurance for anything. 

22 posted on 05/14/2005 9:06:25 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: SheLion

Well, they might as well fire homosexuals because they participate in unprotected anal sex. IIRC the average life expectancy is 49 yrs. Oh, let's ad people that dring adult beverages to that list.


23 posted on 05/14/2005 9:06:52 AM PDT by jslade ("If at first you don't succeed, destroy all evidence that you tried.")
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To: elkfersupper
You should see the hysteria I generate by walking around with an UNLIT cigarette.

I bet!

24 posted on 05/14/2005 9:07:13 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: SheLion
Where will they go next? I am afraid to ask.....

I'd suspect that the next target will be weight or possibly cholesterol levels.

Glucose will probably follow shortly after that. According to my doctor, the "normal" limit for the fasting glucose test has recently been reduced to 100 from the previous (I believe) 105. That change will certainly create an epidemic of "new" diabetics.

25 posted on 05/14/2005 9:08:08 AM PDT by Bob
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To: SheLion

I've been meaning to tell you.......please add me to your ping list. I don't get to post regularly anymore, but I do love your threads.


26 posted on 05/14/2005 9:09:22 AM PDT by elkfersupper
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To: SolidRedState
An employer should not be able to regulate LEGAL activities employees engage in off duty.

If an employers feels this strongly about the health of his employees, then he should set up a barracks or dormitory and make their employees live there so they can be monitored 24/7.

Is this the next step for the American work force?  Makes me shudder.

27 posted on 05/14/2005 9:09:37 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: SheLion

Me either, but it doesn't matter. As long as employers are footing the bill for health insurance, they are gonna be making judgments and decisions about the cost of covering you compared to covering other employees.

I don't think employer-funded insurance has been a good thing for lots of reasons.... this is just another one.


28 posted on 05/14/2005 9:10:07 AM PDT by HairOfTheDog
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To: SheLion

How about people that drink?

Can't have 'drunks' working for the company. Even if they only get drunk after work hours.

There are endless reasons companies can come up with.

How about not hiring Christians?

After all, according to the left, Christians are a risk, not only to themselves, but to the 'liberal' lifestyle.


29 posted on 05/14/2005 9:10:26 AM PDT by Bigh4u2 (Denial is the first requirement to be a liberal)
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To: carlr
Isn`t smoking at its lowest level in decades?Insurance companies should not be anywhere near as burdened as they were in the 70s and 80s.

I would be on the phone to someone asking this very same question. If you do, please let me know what you find out.

I find this very interesting. Why indeed did your premiums go up??

30 posted on 05/14/2005 9:10:56 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: SheLion; All
IMHO this is a two-card Monte game. The anti smokers get us "conservatives" arguing about the right of a company to do what it wants vs. the right of an individual to have privacy in his private life away from the company.

The real issue is companies are paying more for health insurance because our government insists on paying for illegal aliens as well as care-by-demand by any person not able to pay at hospital emergency rooms. States add to the increased cost by insisting that all medical insurance policies be gold-plated - you know, with "massage therapy" and hypnosis. No basic care policies are allowed. (As in WA state for example.)

This raises costs on insurance companies which they pass on to consumer companies - who now seem to be responsible for ALL our health care. In response, private companies are trying to lower some of the expense by picking on the latest fad Bad Guys... smoking, obesity, fast food.

Don't get caught up in this. Companies have no right to dictate our personal lives. Next would be genetic testing to see who "will" get "sick." It is a dangerous precendent. But most of all, we need to stop our "helpful" governent from actively pushing up health care costs by funding illegal aliens, setting mandatory insurance benefits, and insisting hospitals treat patients for free. We don't want to get side-traked, then divided on this one folks...

31 posted on 05/14/2005 9:13:19 AM PDT by Libertina (If illegals don't have to obey US laws, NEITHER DO WE!)
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To: Tabi Katz

I agree with you.

Back in the early 90s I was fighting to get this practice prohibitted in Delaware......now I'm on the other side of the issue.........for the exact same reason I opposed the smoking ban in Delaware - too much government interference in business.


32 posted on 05/14/2005 9:13:21 AM PDT by Gabz (My give-a-damn is busted.)
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To: Tabi Katz
The key here is that people are told in advance that this is a condition of employment. As long as they are, I don't see a problem with it.

It is definitely the right of the employer to set his own rules.  However, what about his long term employee's that are close to pension that smoke, do not want to quit, or can't quit.

Is this another way for the employer to fire the old timer in order to avoid paying the pension?  I think he should have grand fathered this new condition of employment.  He has made it very miserable for a lot of his people.

33 posted on 05/14/2005 9:14:02 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: SheLion
At last, the unambiguous, unvarnished truth -- the ACS had lied in their ad.

You can't post that comment without the requisite logo :)

34 posted on 05/14/2005 9:14:17 AM PDT by Gabz (My give-a-damn is busted.)
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To: elkfersupper

Thank you! I have you added! :)


35 posted on 05/14/2005 9:15:38 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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To: SheLion
If an employers feels this strongly about the health of his employees, then he should set up a barracks or dormitory and make their employees live there so they can be monitored 24/7.

Making us healthy, whether we like it or not, I guess. IMO, this really has nothing to do with smoking, or cholesterol, or obesity...per se. It's the sheer cost of medical insurance that is the problem. If those costs weren't so distorted, I bet the nannies could really care less if folks smoke. The pol's would be ticked, of course, because then they would lose some of their ability to levy such heavy taxes on cigarettes.

Sorry if this didn't make much sense...still fighting the uckie-poos here, lol.

36 posted on 05/14/2005 9:16:42 AM PDT by exnavychick (`)
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To: Gabz

Yep, and we wonder why the courts are overloaded.


37 posted on 05/14/2005 9:17:31 AM PDT by Tabi Katz
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To: Bigh4u2
How about not hiring Christians?

After all, according to the left, Christians are a risk, not only to themselves, but to the 'liberal' lifestyle.

Well, there was a thread where a woman who worked for the Muslims, I believe in Florida.  They fired her just for eating a bacon, lettuce and tomato sandwich.  Crazy, eh?

38 posted on 05/14/2005 9:18:09 AM PDT by SheLion (Trying to make a life in the BLUE state of Maine!)
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Comment #39 Removed by Moderator

To: SheLion; All

I guess the gnatzis are sleeping in this morning. Too bad, I have some deliciously venomous replies saved up.


40 posted on 05/14/2005 9:19:06 AM PDT by elkfersupper
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