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Is this legal?

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What is the name of your state (only U.S. law)? Not sure, but US.

I just read this on another board I frequent and thought I would post it here to find out the legalities.

This really isn’t a "dilemma" or anything. I just thought I’d get opinions. I work for a medical clinic in the heart and cancer center. I work for the Cardiologists. Well, about this time we always go over our benefits for the following year. It seems like every year something is changing. So we had a meeting this morning at 7:30 to discuss changes for 2012. Where I work carries a little over 1,000 employees roughly with about 225 being physicians. And we started this last year. It’s a tobacco thing. You received a certain amount of credit if you’re a non smoker, non tobacco user. You had a wellness test, and they offer the "Naturally Slim" program. If you received the credit, it went towards something on your medical insurance. Well, this year they are doing the same thing and when you have blood test (prior to 12/31/2011), you also are given a urinalysis to test and see if you are a tobacco user or not.

Here is what I am posting about: Effective 2012, the clinic will be turning people away who are seeking employment here if they are tobacco users. Now employees who have been here cannot get fired for being a tobacco user. But they are turning tobacco users away who apply for employment here including physicians. I think it’s good they are not making an exception for physicians. And the first thing the speaker said when she announced before anyone could ask anything was "yes, this is legal". LOL. I personally feel like yes, it’s great they are trying to make people healthier. And also another thing that they are doing is when you have the blood tests in December, they are checking your cholesterol, lipids, etc. If they come back with bad results, they are requiring that you enroll in the "Naturally Slim" program which I believe is free of charge. And it teaches you how to eat better, etc. But with the tobacco thing..I almost feel that it’s discriminatory. I am not a smoker, never even tried a cigarette or tobacco products so I am not concerned about myself.​
 


TheGeekess

Keeper of the Kraken
And the institution involved in Baylor Medical Center, IIRC. Heard about this on the news. There are companies in Michigan that have passed similar policies. :cool:
 

cbg

I'm a Northern Girl
This would be illegal in a very few states where whether you do or do not smoke IS a category protected by law. It is legal under Federal law and the law of most states.

Discrimination is only illegal when it's based on a category protected by law. Tobacco use is protected only in a very small jurisdictions.
 

Beth3

Senior Member
My State (Wisconsin) and perhaps one or two others prohibit discrimination in employment based on "the use of lawful products while off-duty." Basically, think tobacco and alcohol. (We like to live on the edge here. ;) )

This employer's policy is not uncommon and is lawful in the great majority of States.
 

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