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Question about discriminatory hiring
Posted on 1/17/15 at 9:33 pm
Posted on 1/17/15 at 9:33 pm
Can you not hire someone because they smoke? We contracted a crew to do some work for us yesterday. Every one of them smoked. Lost about 15-20% of time in field due to breaks. If it was up to me I'd never hire a smoker due to this alone.
Is this legal as an employer?
Is this legal as an employer?
7
Posted on 1/17/15 at 10:00 pm to jimbeam
Can you just not limit their breaks?
Posted on 1/17/15 at 10:25 pm to jimbeam
I'm pretty sure there's no law (in Louisiana anyway) stating that you must give workers smoke breaks.
With all due respect to smokers, it's comical how often they "have to take a break".
With all due respect to smokers, it's comical how often they "have to take a break".
Posted on 1/17/15 at 10:36 pm to jimbeam
There is no legal requirement to tell someone why they were not hired. If by some chance someone asks why they were not hired, simply tell them there were other candidates that were a better fit for the position.
Posted on 1/17/15 at 11:31 pm to jimbeam
quote:
Can you not hire someone because they smoke?
Yes. You can not hire someone because they smoke.
Anti-discrimination laws specifically list the things you may not discriminate based on. Race, national origin, sex, age (if over 18). Sexual orientation in some jurisdictions. Things like that.
You are allowed to discriminate based on anything else. For instance, if you don't like assholes, you are free to discriminate against them in hiring.
The one "gotcha" is that if your discrimination has a "discriminatory effect" against a protected class (race, religion, etc) - and - serves no legitimate business purpose - you might be in violation. For instance, if you refused to hire people with blonde hair - that would affect whites much more than any other race, and if it served no legitimate business purpose - you could be in violation. "Legitimate business purpose" can also be used as a reason to violate the specific restrictions on discrimination - this is why places like "Hooters" can discriminate in hiring all-female wait staffs, and its why when you walk into Rick's you don't see someone waiving a cock in your face.
Though from your description, sounds like you are not hiring based on people not working when on the clock.
This post was edited on 1/17/15 at 11:35 pm
Posted on 1/17/15 at 11:37 pm to NEWBIE
quote:
Apparently there is a prohibition of smoking discrimination in Louisiana.
Holy shite.
No way.
I stand corrected. That's fricking crazy.
quote:
. Just say it is for some other reason.
It IS. Sounds like he discriminating because they take too many breaks. If they took the same number of breaks for the same length of time but used the time to play video games or jerk off would it be any different?
This post was edited on 1/17/15 at 11:38 pm
Posted on 1/18/15 at 10:09 am to SpidermanTUba
quote:So why has anyone ever hired you?
For instance, if you don't like assholes, you are free to discriminate against them in hiring.
Posted on 1/18/15 at 12:32 pm to jimbeam
At fire dept I work for our old chief banned tobacco use and told all applicants if you use tobacco you wouldn't be hired. I remember city attorney's giving him the ok to do it so I would assume it could be done. Problem was, up to 75% of dept smoked or dipped and we just went out back and used tobacco. He realized it was a losing battle as he wasn't gonna fire 75% of the employees and allowed tobacco use again. The day he allowed tobacco use again, about 5-6 smokers quit that day 
Posted on 1/18/15 at 9:29 pm to NEWBIE
quote:
Apparently there is a prohibition of smoking discrimination in Louisiana.
Posted on 1/18/15 at 9:49 pm to jimbeam
quote:
Can you not hire someone because they smoke? We contracted a crew to do some work for us yesterday. Every one of them smoked. Lost about 15-20% of time in field due to breaks. If it was up to me I'd never hire a smoker due to this alone.
I dunno BUT I would call the owner/manager and chew him out. I would tell him I don't appreciate his crew screwing off putting your project behind, wasting your time & money.
Tell him if his crew can't do the job, you will find one that can.
That ought to light a fire under them.
It will be hard to find guys in construction who DONT smoke so keep that in mind. Just let the superintendent know you expect a full days work at the beginning.
A 15 minute break in the AM & one after lunch is reasonable.
BTW, Louisiana is an 'at-will' state so I don't think you would have a problem, unless it is 'union'.
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