There have been studies conducted documenting the fact that smokers cost employe

Question

There have been studies conducted documenting the fact that smokers cost employers extra money per year. For this reason, there is an increasing trend in employers refusing to hire individuals who smoke and creating "smoke-free" workplaces. Some employers have even gone so far as conducting pre-employment nicotine testing.

Is it ethical for an employer to refuse employment to a smoker? Do employers have the legal right to create a "smoke-free" workplace whereby individuals are not permitted to smoke on the premises?

Explanation / Answer

The discussion about the some business policy (hospitals and healthcare institutions in special) to do not hire qualified job candidates only because are smokers is very polemic.
In that scope, it exists two main ways to focus in this. The first one which argue that It is for their own good and the second one that thinks it is discriminatory, independently of its purposes.

Legally, the second is more strong, because in the american law, beginning for the constitution, there is no right to exclude someone for his own health condition or choices, since smoking is a conduct partially involuntary, because it is an addiction, they argue that smokers are not persons significantly different than extreme athletes neither pregnant women, who also have more illness risks, then excluding smokers may open the door to labor discrimination to other risky groups and it is no legal.

However, since the point of view of public health, smoking is a self-destructive habit which generates 440,000 deaths per year in US. Since this perspective, the US society is forced to do something to avoid this behavior, it is about preserve human lives, smokers' life and the life of his close circle.

But we have some ethical issues here. The first one is already exposed, there is not fair reason to discriminate someone for his health choices. Later, smoking is prevalent in poor people, so , promoting anti smoking's hire policies is a double discrimination.

At the same time, there is evidence which explain that this kind of measures to avoid smoking is poorly effective and ethically costly to our society.

Finally, the best employer's choice is to hire the most qualified candidate and if he is smoker to help him to quit.

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