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Pressure to withdraw from job, and consequences of not doing so

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chiron090

Junior Member
I recently applied for a position at an Arizona public school. I had an a very good interview and was later asked by the HR department to come in and fill out paperwork for employment. That paperwork included w-9's, signing policy forms, etc (every thing you do when you are hired to a new job). I later had to go back and drop off an item that I did not have with me the first time. I went, now everything was complete and I was simply waiting on a fingerprint clearance before starting the position.

The next day, however, I received a phone call stating that there was a problem with my application. Namely, that the second time I went to HR to drop off a form, another person could smell cigarette smoke on me, that that could be a problem, and they were not sure now if I was a "good fit". I was then informed of federal law regarding smoking in public schools (I assume as a courtesy, since I had not smoked anywhere even remotely near the school). He then said that it would be a problem if I smelled like smoke while working with children. This is obvious to me, and I always had intended to take measures (like odor eliminating sprays) to make sure that I didn't smell while in a classroom and working with kids. However, I was then asked if I would like to continue with the hiring process or if I wanted to stop the hiring process altogether. I was very confused by this and did not understand how this was in any way my decision. He repeated the dichotomy, and I told him I would consider the matter and get back to him.

Now I am afraid to take the job because I feel like they have already made up their minds that they don't want to hire me simply because I am a smoker and that if I take the job anyway they will attempt to find any other reason they can to fire me in the future. If I were to be fired from this job I would most surely have to disclose that on any application for any future teaching position, thus potentially ruining my chances of ever being hired in the field. I also feel that this would create a very uncomfortable situation for me in the workplace, as I would always be feeling like I'm walking on eggshells and in danger of being fired at whimsy, potentially making it difficult to adjust well to the new position.

Of worthy note is that fact that Arizona has a law that protects smokers from discrimination in public workplaces. It is illegal to not hire someone or fire them because they are a smoker. But my fear is that they will hire me in order to comply with that law and then find an arbitrary reason to fire me as soon as they can simply because I'm a smoker. This would be legal since AZ is a right to work state and then I could not make the case that I was fired for being a smoker. If that happens and they decide to fire me indirectly for being a smoker they will be ruining my chances of getting hired elsewhere. I desperately need advice on how to proceed. Is this discrimination under the smoker protection law? What should I do?
 


Of worthy note is that fact that Arizona has a law that protects smokers from discrimination in public workplaces. It is illegal to not hire someone or fire them because they are a smoker.
Please name this law. According to what I can find, smoking is not a protected status in Arizona, which means they're perfectly free to not hire you because you're a smoker.
 

chiron090

Junior Member
The American Lung Association, which is obviously against any such laws, has a list of all states that implement such protections, as well, the ACLU has a list of states that have laws that protect workers from lifestyle privacy intrusions by employers to varying degrees and they distinguish whether the law is centered around smoker or if it is encompasses a wider array. ALA cites the law for AZ as "ARIZ. REV. STAT. § 36-601.02". Although I was unable to find any info on AZ websites (not surprisingly, as the state is immensely disorganized). The ALA states the law went into effect in 1991, so I don't know if it has been repealed since.
 

eerelations

Senior Member
We can't tell you if they will try to find any excuse to fire you. If they do find an excuse (and again, we can't say whether they will or not), and it's a legal excuse, there's nothing legally you can do about it. Whether or not you accept an offered position with them has to be your decision alone.
 

HuAi

Member
Arizona Statute $36-601.02.F

F. No state employer may discriminate against any employee or other person on the basis of the use or nonuse of tobacco products.

Arizona Revised Statutes §36-601.02  Smoking in state buildings; prohibition; exception; violation; classification - Arizona Arizona Revised Statutes §36-601.02  Smoking in state buildings; prohibition; exception; violation; classification - Arizona


Was repealed in March 2006:

http://www.azsos.gov/aar/2007/2/governor.pdf

And no longer appears in the Arizona Statutes

Arizona Revised Statutes
 

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