Asked if I was a smoker during interview?

[thunked]

Hello,

I'm in California.

I recently was called over to the home of the lady to meet about a job I had inquired about.. I was told to bring a resume.

The second question she asked me was whether I smoked or not?

I told her I was in the process of quitting.. and she abruptly cut me off. I haven't smoked a cigarette in 3 months but I don't consider that "quit" yet... Anyways, she started talking about how cigarettes make her sick etc etc before I could even tell her that I pretty much do not smoke anymore.

After that she seemeed pretty much blocked off and the interview abruptly ended.

My question is.. Can I call her back and tell her I don't appreciat the way she talked to me in my interview and that in the future she shouldn't discriminate because it's illegal?

Id like to know what the legal code or term for this is so I can recite it to her and scare her a little bit.. because her behavior during interviewing me was ridiculous and she wasted so much of my time.. I don't want her to feel like she can get away with this crap from now on.

Thank you.

 

[Litigation!]

Hello,

I recently was called over to the home of the lady to meet about a job I had inquired about.. I was told to bring a resume.

The second question she asked me was whether I smoked or not?

I told her I was in the process of quitting.. and she abruptly cut me off. I haven't smoked a cigarette in 3 months but I don't consider that "quit" yet... Anyways, she started talking about how cigarettes make her sick etc etc before I could even tell her that I pretty much do not smoke anymore.

After that she seemeed pretty much blocked off and the interview abruptly ended.

My question is.. Can I call her back and tell her I don't appreciat the way she talked to me in my interview and that in the future she shouldn't discriminate because it's illegal?

Id like to know what the legal code or term for this is so I can recite it to her and scare her a little bit.. because her behavior during interviewing me was ridiculous and she wasted so much of my time.. I don't want her to feel like she can get away with this crap from now on.

Thank you.

My response:

Discrimination? Smoker vs. Non-Smoker?

Surely, you jest.

IAAL

 

[mlane58]

Hello,

I recently was called over to the home of the lady to meet about a job I had inquired about.. I was told to bring a resume.

The second question she asked me was whether I smoked or not?

I told her I was in the process of quitting.. and she abruptly cut me off. I haven't smoked a cigarette in 3 months but I don't consider that "quit" yet... Anyways, she started talking about how cigarettes make her sick etc etc before I could even tell her that I pretty much do not smoke anymore.

After that she seemeed pretty much blocked off and the interview abruptly ended.

My question is.. Can I call her back and tell her I don't appreciat the way she talked to me in my interview and that in the future she shouldn't discriminate because it's illegal?

Id like to know what the legal code or term for this is so I can recite it to her and scare her a little bit.. because her behavior during interviewing me was ridiculous and she wasted so much of my time.. I don't want her to feel like she can get away with this crap from now on.

Thank you.

What state are you in? It makes a hugh diffrence to the answer you will get.

 

[thunked]

I am in California, thank you.

 

[mlane58]

There are quite a few states that prohibit employment discrimination against smokers and unfortuntely California is not one of them.

My question is.. Can I call her back and tell her I don't appreciat the way she talked to me in my interview and that in the future she shouldn't discriminate because it's illegal?

You can call her all you want, but you have no recourse at all. She didn't say or do anything illegal.

 

[thunked]

Damn.. well personally I wouldn't want someone smoking at my workplace either.. but I also wouldn't kick someone to the curb immediately in the interview and judge them like she did. The question really wasn't relevant with respect to my ability to perform the job that I was interviewing for.

 

[ENASNI]

Damn.. well personally I wouldn't want someone smoking at my workplace either.. but I also wouldn't kick someone to the curb immediately in the interview and judge them like she did. The question really wasn't relevant with respect to my ability to perform the job that I was interviewing for.

Heckfire, doesn't it let you know what kind of personality changes would have gone on in the workplace.

I think you just had a great escape.

Always look at the silver lining.

 

[You Are Guilty]

Just to clear something up, in the states that do grant smokers "protected class" status, they universally require there be a certain number of employees before it kicks in. For example, Kentucky (the only one I know of offhand), requires a minimum of 8 employees before the employer is subject to the anti-discrimination rules. I'm pretty sure some states go as low as two, but most are higher.

I mention this because you stated you were applying for a job in someone's home, which means there is a decent chance that they would not have had the requisite number of employees.

(Actually, I only mentioned this to avoid new questions in the future )

 

[thunked]

Thanks for all the responses.

 

[EastCoast_NC]

As You Are Guilty aptly pointed out, your interview transpired at someone's home, not in a traditional public workplace. You did not mention the job description. Were you to be a contractor-for-hire? Was it working with children or the elderly? Working with someone who has allergies or health issues? A job in the food or flower industry? Don't be quick to a temper, for any lingering smell of smoke about you might cause respiratory harm or discomfort to someone else. If the job entailed you representing her company to clients face-to-face, then of course smelling like smoke (or the chance you would, even if you're trying to quit) could hinder business relationships and leave a negative impression if the client is adverse to the smell.

Additionally, health insurance costs are greater for those who smoke. Perhaps that was also a consideration for her, in addition to the points above, should she be offering medical benefits to her employees.

Lastly, perhaps you just weren't the best applicant for the job.

 

[thunked]

I didn't think the job type was relevant... it was a minimum wage position for a store that sells beads and cheap scrapbooking stuff.

The lady asked very paranoid/insulting questions immediately.. how the relationship with my girlfriend was..

 

[EastCoast_NC]

Thank you for clarifying. If that is the case, then I also think you are better off not working for her.

Best of luck.