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re: U-Haul publicly announces hiring discrimination against nicotine users

Posted on 1/2/20 at 8:25 am to
Posted by Cash
Vail
Member since Feb 2005
37634 posts
Posted on 1/2/20 at 8:25 am to
quote:

Smokers aren't a protected class. If I owned a company I wouldn't hire them either.



Didn't Steve Spurrier say around 10-12 years ago that he wouldn't hire smokers or fat assistant coaches.

quote:

“I don’t think I’d ever hire a smoker,” Spurrier told The State while explaining his process for hiring assistant coaches.

“Because it’s stupid,” he said. “Smoking is stupid.”


quote:

“Most of them are workout guys, they are not fat, sloppy guys. We have to make a good appearance out there. I like family guys, I like good people, workout guys, guys that fit in, get along with people. That’s the first criteria. If they can do that, they can coach football, recruit, all that other stuff.”

Coaches with wives and children are a more stable commodity than single coaches, Spurrier believes.

“We had a coach here several years ago, the bars down at the Vista were disappointed when he left,” Spurrier said, declining to name the assistant. “Having a guy downtown in the bars telling all the young women that he coaches at Carolina is not a good idea.”

This post was edited on 1/2/20 at 8:30 am
Posted by Rouge
Floston Paradise
Member since Oct 2004
138530 posts
Posted on 1/2/20 at 8:25 am to
quote:

Then don’t work there. As long as it’s legal, then a company can NOT hire you, or fire you, for any reason they want.

nobody likes you, Toby.
Posted by Cracker
in a box
Member since Nov 2009
19269 posts
Posted on 1/2/20 at 8:31 am to
I hate smokers trashy but they are great they contribute tons to tax base many don’t live to get their ssi

But if someone is being treated for addiction alcohol & drugs underestimate the ADA why have trashy smokers not tried this angle
Posted by ZappBrannigan
Member since Jun 2015
7692 posts
Posted on 1/2/20 at 8:32 am to
The thing with smokers is it clings to them.
When normal people stop drinking they sober up. When normal people stop smoking they still got that nasty smell all over.
Posted by RocketTiger
Member since Mar 2014
1220 posts
Posted on 1/2/20 at 8:50 am to
What about still hiring smokers but paying them less based on how much more their insurance costs and how many smoke breaks they take? How many cigs does the average smoker smoke in normal workday?
Posted by Fat and Happy
Baton Rouge
Member since Jan 2013
19953 posts
Posted on 1/2/20 at 8:56 am to
If you work with smokers, time the amount of breaks they take a day, and then present it to the boss at the end of the month.

Watch how awesome that goes over
Posted by chinhoyang
Member since Jun 2011
26052 posts
Posted on 1/2/20 at 8:56 am to
quote:


Discrimination is not illegal. Discrimination on the basis of sex, race, and religion is illegal. But general discrimination is not even frowned up, businesses use it daily for all sorts of decisions


Wrong, in Louisiana.

RS 23:966 - Prohibition of smoking discrimination
Universal Citation: LA Rev Stat § 23:966

§966. Prohibition of smoking discrimination

A. As long as an individual, during the course of employment, complies with applicable law and any adopted workplace policy regulating smoking, it shall be unlawful for an employer:

(1) To discriminate against the individual with respect to discharge, compensation, promotion, any personnel action or other condition, or privilege of employment because the individual is a smoker or nonsmoker.

(2) To require, as a condition of employment, that the individual abstain from smoking or otherwise using tobacco products outside the course of employment.

B. A smoker, as referred to herein, is limited to a person who smokes tobacco.

C. Nothing in this Section shall preclude an employer from formulating and adopting a policy regulating an employee's workplace use of a tobacco product or from taking any action consistent therewith.

D. Any employer who violates the provisions of this Section shall be fined up to two hundred fifty dollars for the first offense and up to five hundred dollars for any subsequent offense.

Acts 1991, No. 762, §1.
Posted by chinhoyang
Member since Jun 2011
26052 posts
Posted on 1/2/20 at 8:58 am to
quote:

Smokers aren't a protected class. If I owned a company I wouldn't hire them either.


They are a protected class in Louisiana (see post above).

This thread illustrates why the OT is definitely not a source for employment law questions.
Posted by choupiquesushi
yaton rouge
Member since Jun 2006
35053 posts
Posted on 1/2/20 at 8:59 am to
that ain't discrimination....
Posted by OweO
Plaquemine, La
Member since Sep 2009
122154 posts
Posted on 1/2/20 at 9:10 am to
I wish there was an exact number that could be tied into how much insurance companies pay out on health care related to smoking cigarettes.

Companies are starting to reward employees for doing things that are healthy. My brother's company has a point system and they monitor how many steps each employee takes and if you reach certain amounts they get a bonus every month (I think the most you get is $500 a month).

He told me they also do not allow employees to take smoke breaks. You can't smoke on company property.

Insurance companies should treat smoking like a pre existing condition.
Posted by Undertow
Member since Sep 2016
9136 posts
Posted on 1/2/20 at 9:11 am to
quote:

The thing with smokers is it clings to them.
When normal people stop drinking they sober up. When normal people stop smoking they still got that nasty smell all over.


I smoked for years and hardly anybody at work knew I smoked. Every time someone found out they were very surprised. All you have to do is be discrete, try not to get smoke on you(as best as you can), limit your smoking to official breaks that everyone else also gets, and wash your hands and face when you get back. I didn’t smell like cigarettes.
This post was edited on 1/2/20 at 9:14 am
Posted by NOFOX
New Orleans
Member since Jan 2014
10128 posts
Posted on 1/2/20 at 9:35 am to
quote:


Yep, we ran into that a few years ago. The owner wanted to ban the hiring of smokers, because they make bad decisions. We ran it up the chain with our attorney, and this is essentially what he said.



You can do that and just pay a minimal fine ($250-$500) here. Our office did.
Posted by BobABooey
Parts Unknown
Member since Oct 2004
16133 posts
Posted on 1/2/20 at 9:54 am to
Smoking, not nicotine, seems to be the issue with the posters here. Nicotine comes in things other than cigarettes, like in Nicorette gum.

Nicotine doesn’t cause cancer. Just like caffeine, there can be health issues with too much sugar, nicotine, etc. Why didn’t Uhaul just ban smoking and vaping?
Posted by AllDayEveryDay
The Sticks
Member since Jun 2015
9724 posts
Posted on 1/2/20 at 9:54 am to
There's literally nothing in that reg that prevents a business from making a hiring decision for a new employee based on whether they smoke or not. But thanks for the copy and paste I guess.
Posted by Antonio Moss
The South
Member since Mar 2006
49400 posts
Posted on 1/2/20 at 9:56 am to
quote:

This just seems primed for a nice lawsuit. I don't see how a company can ban the use of a federally legal product.


Oh wow. What year did you finish law school?
Posted by ShortyRob
Member since Oct 2008
82116 posts
Posted on 1/2/20 at 9:57 am to
quote:


Because it gives you cancer and health problems.
Which brings up insurance rates?

Well yeah

But then, using that logic, there's a LOT of other categories

Challenging road to go down
Posted by duggieblue
GA
Member since Feb 2010
4365 posts
Posted on 1/2/20 at 10:08 am to
Going to rent U-Haul today in show of support... anyone need something hauled?
Posted by Weekend Warrior79
Member since Aug 2014
21729 posts
Posted on 1/2/20 at 10:14 am to
quote:

I like family guys...Coaches with wives and children are a more stable commodity than single coaches, Spurrier believes.

How much shite did he get for this statement? Don't think it's specifically covered under Title VII, but the insinuation by this statement can lead to discrimination lawsuits.
Posted by BeepNode
Lafayette
Member since Feb 2014
10005 posts
Posted on 1/2/20 at 10:17 am to
quote:

Good. Smoking is trashy
Posted by MorbidTheClown
Baton Rouge
Member since Jan 2015
76263 posts
Posted on 1/2/20 at 10:20 am to
companies should be free to hire/not hire whoever they want.
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