Early January this year, two huge health systems will go beyond refusing to hire smokers, by their employees from tobacco smoke did not to smell at work.
Although refuse, smoking is nothing new for rent and a many years growing practice since, is this is one of the first companies, the staff even smell of tobacco smoke, saying man, the modern non-smoking civil rights movement by the first ever smoking restricted and then banned in airplanes and then in many workplaces and public facilities started to ban.
Henry Ford health system and Beaumont health system in Detroit are Oakwood Healthcare System in Dearborn, Crittenton Hospital Medical Center in Rochester and the Lansing-based Sparrow health system in a prohibition of smoking and those from tobacco smoke smells.
Previously, Baylor health care system in Texas, the Hollywood Casino in Toledo, Ohio, and Geisinger health system in Pennsylvania joined many other companies in following FORBES proposal - "don't hire smokers" - and thus save perhaps $11,000 per worker.
Public interest law professor John Banzhaf, helped start the trend says still more employers of this escalating trend would follow, if they know how easy it was to avoid so-called smokers rights laws and defend them in court.
Although estimates of the cost savings vary by thousands of dollars per year per employee, and upwards, closed a judge, testimony about the matter under oath to get that a typical smoker of his employer can cost over $11,000 per year (in 2012 dollars) says Prof. Banzhaf, the George Washington University law school, the legal proceedings took part.
In addition to slashing costs - spent, which otherwise be borne by non-smoking employees in the form of reduced health care coverage or lower salaries would have to - deal have employees who smoke can present many companies about the negative image.
This is why the trend most health companies, says Banzhaf, which suggests that patients are often disabled if treated by a doctor, a nurse or other professional smelling of tobacco smoke, or simply employees see on hospital premises, smoking. The same reaction can occur, the encounter with smoking employees or insurance smell of smoke, in gyms, wellness, advice centres, etc..
But especially with rising costs and ensure that costs under health reform, companies as diverse as Alaska Airlines, the Union Pacific railroad company, will go still higher-based advantages and Scotts Miracle-Gro have Kalamazoo Community College in Michigan, Walters, a management company Michigan - including the World Health Organization - simply no longer hire smokers. In fact celebrated facing the future of CBS-TV of Scott's policy as a "national model" and a "new reality".
Many employers are reluctant to reset setting smokers, wrong to believe that it constitutes unlawful discrimination. But notes law professor Banzhaf, is it except in those States that have so-called non-smokers rights laws, completely legal because as a smoker - in contrast to black, female, etc.-is not an immutable characteristic, and many courts have confirmed such policies, whether by private companies or even government agencies, which are the State and federal constitutions.
Chris Kuzynski says federal laws that allow the practice because they recognize non-smoking as a protected class, with the U.S. equal employment opportunity Commission.
Even in States with non-smokers rights laws of the statutes are rarely if ever enforced, and also loopholes, Babe, and the American Medical Association (AMA) have pointed out.
There are also many opportunities to achieve a Smokerfree staff - staff - similar medication without violating any of these rules, says Banzhaf.
The AMA American Medical News pointed out, even if outright reject employer State laws prohibit, to stop smoking, breaks no law requires, for example, companies offer smoking or smoke anywhere allow companies ownership outdoors on your own premises or campus in cars in company parking lots, etc.. So, when permitted in practice not smoking breaks and prohibition of smoking anywhere on the premises (in the car), is all put off probably but most definitely smoking by the use or remaining employees.
There is another approach, which has been successfully used for many years in New Hampshire (which has a human rights law's smoker), someone comes on the property that has detectable smell of tobacco smoke residue on him, to prohibit. A smoker is ready, bathing, shampoo, clothes, change, brush his teeth and use mouthwash after every cigarette not he can probably fulfil these strict workplace and don't have hired or employed, even though the law notes Banzhaf.
Also many smokers have rights laws only very limited protection. Some, for example, only prohibit companies "no smoking" a condition of employment, and prohibit smoking less, with fewer benefits, pay etc.
Also apply some smokers rights statute only for government workers to leave by private companies no smoking set. Other statutes apply for and protect only current employees, allows companies to a "non-smoking" policy for future employees to adopt an option with so very qualified unemployed workers, many in the competition for a limited number of positions could be particularly attractive.
Furthermore, Babe, takes some smokers rights laws specifically companies allow to charge smokers more for health insurance. Under federal law can smokers charged more for their health insurance without having a significant advantage for small businesses which may not the many loads are valid would meet a company of the many requirements of "Wellness programs", the increased generally for other health problems such as obesity - the qualification. This is because, in a legal decision obtained by Prof. Banzhaf, the Federal Government determined that while obesity as a "Health" or "Disease" was classified, smoking is simply a "behavior" with the title no legal protection.
In fact at least 40% of large and medium-sized companies - until by 19% in 2011 and only 8% in the year 2009-smoking so much free more than non-smokers expected to to rise like $2000 annually in 2012 for their health insurance with the percentage to almost 50% by 2016.
JOHN F. BANZHAF III, B.S.E.E, J.D.., SC.d.
Professor of public interest law
George Washington University law school,
FAMRI Dr. William c distinguished Professor,.
Fellow, world technology network,
Founder, action on smoking and health (ASH)
2000 H Street, NW
Washington, DC 20052, United States
(202) 994-7229 / / (703) 527-8418
http://Banzhaf.NET/ @profbanzhaf
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