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Can companies legally do this?

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jkhalbe

Junior Member
What is the name of your state? PA

Ok, so I applied for an inside sales job (meaning i sit on the phone and call people all the time). I got a call from the HR person and she wanted to ask me a few questions about me.

One of those questions was, "Do you smoke?"

I said, "Yes"

And she replied, "well thank you for your time but we have a no smoking policy that states people who are employed with us can not smoke. Have a nice day."


Can companies do that? I was completely amazed.


this was 20 minutes ago when it happened.
 


Beth3

Senior Member
Probably. Only a few States prohibit discrimination in employment practices due to the "use of lawful products while off-duty" (i.e. tobacco and alcohol.)

I'll see if I can find anything like that in PA reg's. If I can, I'll post back.
 

cbg

I'm a Northern Girl
I can't find anything in PA regs that would prohibit this and smoking is definitely not protected at the Federal level so I would have to say yes, at least in your state the company can do that legally.
 

jkhalbe

Junior Member
wow that's unbelievable...i should call her back and tell her i just quit smoking!

lol

Thanks for help..if you do come across anything let me know.
 

Beth3

Senior Member
I found the same thing as cbg. There's a list of all of PA's State reg's at this site http://www.dli.state.pa.us/landi/cwp/view.asp?a=185&q=56262&landiNav=|and I don't see anything that offers smokers any protections.
 

jkhalbe

Junior Member
Son of a gun....I live in Montgomery County and this job is in Montgomery County.

I could picture the CEO being some sort of tree-hugger, so perhaps i don't want that job, especially if he is gonna look down on me when I eat a nice big steak for lunch
 
jkhalbe said:
Son of a gun....I live in Montgomery County and this job is in Montgomery County.

I could picture the CEO being some sort of tree-hugger, so perhaps i don't want that job, especially if he is gonna look down on me when I eat a nice big steak for lunch
It's actually more about the health insurance premiums than anything else. Companies pay more for employees who smoke. So, until smoking becomes a protected class, the companies can legally do this. :rolleyes:
 

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