With a board meeting just a month away, you’ve got to prepare for questions. The board is
interested in making good decisions for the company, but “doing the right thing” is also one of its core
values. When it comes to smokers, surveys reveal that firms have clearly decided that reducing
smoking at work, or hiring fewer smokers, is in their best interest. What’s changed in the last decade is
that rather than minimize smoking at work, companies are now more likely to minimize smokers by
not hiring them. The key driver is costs. According to the Centers for Disease Control, smoking
costs businesses $157 billion a year in expenses that are directly related to smoking-related illnesses or
deaths.
On that basis, not hiring smokers makes fiscal sense—but is it legal? Federal law suggests that
it is. Unlike race, gender, ethnicity, religion, and sexual preference, smokers are not a protected class.
Furthermore, smokers are not protected by the Americans with Disability Act. However, while federal
laws can allow employers to not hire smokers, approximately 30 states have made it illegal to not hire
smokers. Lifestyle-discrimination laws prevent employers from using nonwork behavior (i.e., behavior
that occurs outside of work hours such as smoking) to not hire employees.
More specifically, “smokism,” discriminating against people because they smoke, is defined as
“the prejudice, discrimination or denial of justice and fair treatment by individuals or institutions
against people who smoke a tobacco related product.” Not hiring smokers would clearly be smokism.
And if it’s not smoking, can it be beer or cheeseburgers?
Another key part of any kind of discrimination is that nonperformance relevant criteria are
used to make decisions about who to hire, fire, train, or promote in a company. Viewed from this
perspective, is there a significant difference between ageism, sexism, racism, and smokism? In each
“ism,” non-performance relevant criteria, such as age, sex, race, and whether one smokes, are used to
make decisions about people at work.
84. Refer to WWYD American Express. Ethical behavior in companies takes place when its employees
__________ accepted principles of right and wrong.
85. Refer to WWYD American Express. If the decision to hire smokers can be viewed as a social
responsibility issue, the increased costs associated with employing smokers would have an financial
impact on: