Posted on 12/23/2005 7:13:34 AM PST by Millee
SACKED smoker Sophie Blinman threatened to take her former employers to court yesterday, fuming: "I'm furious. Surely this is discrimination."
Stunned Sophie, 21, was given the boot 45 minutes after starting her new job even though she promised not to light up in office hours.
Her bosses declared: "It's positive discrimination and we're proud of it." Experts agreed the company was not breaking the law. But smokers' pressure group Forest said: "This is outrageous."
Sophie, who smokes five to 10 cigarettes a day, was delighted to land her £6-an-hour job as an administrator at Dataflow Communications.
She said: "I dressed smartly, arrived in good time and was about to be taken on a tour of the offices when I was asked if I smoked. When I said I did, I immediately sensed a problem.
"I explained I'd happily wait until my lunch break to smoke, and leave the premises to do so. But I was told the company didn't employ smokers and there was no longer a position for me.
"I can't believe a business is allowed to have a policy against employing smokers. I was never even asked at my interview if I smoked."
Threatening legal action, Sophie, of Shepton Mallet, Somerset, added: "This has left me angered and unemployed. I shall be seeking legal advice."
Dataflow, which employs 20 workers at its offices in Wells, advertises its non-smokers policy on its website.
Managing director Fran Edwards said: "All our employees have been recruited on this basis. We can't make an exception."
Information Services boss Ian Murray added: "We didn't ask Sophie at her interview if she was a smoker because we assumed the agency that sent her only asked non-smokers to apply."
Employment lawyer Frank Ryan said: "This is unusual, but it doesn't breach the law. Sophie won't qualify for unfair dismissal but she might challenge on the grounds of human rights."
Forest said: "Only smokers can be discriminated against without penalty."
Discrimination is a good thing.
Hmm, I had to take a physical when I started my first full time "job" (two actually), but that was the US Air Force. :) Still when I started my first job after grad school, in '77, I had to take a physical. I had injured my knee in a diving board mishap a couple of days before and was on crutches. So for 20+ years I had a "profile" that said I couldn't be assigned any work that required squatting or certain other movements or positions, even though *that* knee healed up fine within a few weeks. The other knee OTOH ....
Me, too. If they choose to enact a stupid policy, then they deserve to feel the market's repercussions. But each company (just like each individual) should have the right to be stupid if they want.
I don't know, but they should be able to if the want.
My secretary, a smoker, as was I, said "Hire her Bob, right now". She got the job BECAUSE she smoked.
Sounds like Phillip Morris. Everyone smokes there, but God help you if you light up a Camel.
True.
Nah, vodka in a warm Russian kitchen with pilmeni and some really good company would beat that.
There is a slight distinction. Discrimination against somebody who has no control over the condition being discrimated against is, I think, worse than discrimination against behaviors that we choose.
I don't choose my age, sex (usually), ethnicity, nationality or gender.
I do choose my health and hygiene habits, my beliefs, my sexual preferences and proclivities and my communication abilities.
What about a mixed race couple, that is choice and there is nothing wrong with it. How about a Christian and a Jewish person?
How about a Canadian and an American?
All choices, all legal and acceptable.
Someone once told me that I had descriminating taste. I took it as a compliment.
While it is true that the Constitution and Bill of Rights are restrictions on the government, it's also true that corporations are creations of the government. The only rights they have are those the government gives them. They are not people, although under the law the government chooses to treat them as such for *some* purposes.
In essence a corporation is designed to take risk away from investors, and put it on those who sell things to it, or loan it money. It goes back to the days when the Dutch were the big commercial power in the world. Some of the earlier companies include Hudson's Bay Company and the East India company, although those were both British.
Yes, there are lakes and boats for water skiing. Up in New England skiing on water is called water skiing, skiing on snow is simply called skiing. When I first her the term 'snow skiing' I had to stop and think what they were talking about.
Please pick another name Fatima is a Freeper in good standing.
Which is perfectly OK, since companies are creations of the State anyway. They aren't people. People have rights, companies only what we would call privileges, although the terms were often interchangeable up to well past the US civil war.
It usually is.
Discrimination with a positive twist, eh?
What next?
But I thought England has socialized medicine? Her employers wouldn't pay for her health care then, would they?
Let's be prudent and ban ALL filthy and disgusting behavior!
My heart bleeds for those who make the determination as to what is defined as filthy and disgusting.
I didn't say I agreed with the policy, just that it will happen. It's already beginning in fact, or we would not be having this discussion.
But I would agree that a partnership or sole proprietorship could fire you for any reason it chose. But a corporation, either a privately or publicly held one, is a creature of the State, and is thus subject to whatever limitations the State might choose to apply to it. Of course the State is a pretty stupid beast as well, and may (will!) exercise it's powers unwisely. But it does have those powers over corporations.
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