It's On. FL County Govt BANS Smokers from jobs.

[enterthemadness]

FL ACLU is pissed.


http://abcnews.go.com/blogs/headlines/2013/09/florida-county-bans-smokers-from-new-jobs/

But the policy may run afoul of the Fourth Amendment of the U.S. Constitution, according to Baylor Johnson, a spokesman for the American Civil Liberties Union of Florida. The amendment protects against unreasonable searches and seizures.
The U.S. Supreme Court has, on a number of occasions, struck down blanket testing of public employees and public school students, citing the Fourth Amendment.

I'm not happy....no one is happy.

 

[Manic]

A summary for those who don't feel like clicking the link:

You can't get a government job working for Flagler County if you smoke.

 

[enterthemadness]

First it's smoking and nicotine, then it's gonna be caffeine.

But, but, ETM, Caffeine is good for you. Lol, it's a damn stimulant/drug. And a pretty cool kick ass one at that.

 

[Teelie]

Banning smoking on the job/premises is one thing and I agree with that, but to ban them from smoking outright does seem a stretch. I can see the health benefits and reasons but those have to be tempered with civil rights.

 

[KevanG]

I'm pretty sure that there may be a bit of controversy about that.

 

[Piper Maru]

Cigarettes make me nauseous.

 

[Xeno]

Cigarettes make me nauseous.

I'm so allergic to cigarette smoke that a good lungful or two can cause me to go into respiratory arrest. For that reason I'm in favor of banning people from smoking right outside the entrances to buildings. A couple of times I've run the gauntlet of smokers near an entrance and ended up doubled over, gasping for breath. It's not pleasant.


Having said that, I think that denying people employment because they smoke is discriminatory and unconstitutional. It's wrong to tell people what they can do on their own time, unless the activity is actually illegal or causes a direct hazard in the workplace (e.g., drinking that impacts job performance/safety or drug use).


This probably won't withstand the inevitable court challenges, but if it does employers will eventually take it upon themselves to regulate every aspect of workers' lives. Next on the agenda will probably be weight, followed by more esoteric things like cholesterol levels and other risk factors for disease. Could we end up with employers demanding the results of genetic tests for certain diseases like cancer and then excluding people who are at high risk? That would certainly cut down on healthcare costs.

 

[DarkSentinel]

Well thank God I'm nowhere near Flagler and have no desire to get a government job

 

[Warhammer]

I hate smoking. I absolutely hate it.

With that said, it isn't right to deny someone a job just because they smoke. It's outrageous.

 

[warhorse78]

I hate smoking. I absolutely hate it.

With that said, it isn't right to deny someone a job just because they smoke. It's outrageous.

But what if they are the kind of smokers that are so heavy that they leave a trail of stench everywhere they go, and when they are in the vicinity of you, you have to hold your breath because they stink so bad? While the company I work for doesn't really care about smoker in general, hell, they have too areas just for smokers, they did however dismiss a worker because of his bad smell, but labeled under not complying to good hygiene.

 

[MrMaooz]

Smoking is disgusting.

 

[Xeno]

But what if they are the kind of smokers that are so heavy that they leave a trail of stench everywhere they go, and when they are in the vicinity of you, you have to hold your breath because they stink so bad? While the company I work for doesn't really care about smoker in general, hell, they have too areas just for smokers, they did however dismiss a worker because of his bad smell, but labeled under not complying to good hygiene.

That was a company applying a policy to one individual without resorting to intrusive tests to determine his behavior. That's fine. But banning all smokers from employment and enforcing the ban with mandatory urine testing takes it too far.

 

[DarkSovereignty]

Smoking is disgusting.

Yes, so lets fire people who smoke, they don't deserve work

 

[jonathancrane]

The company should not fire or refuse to hire people who smoke. Some of the hardest working and intelligent people I know smoke. Having said that, I hate it with a passion that rivals the intensity of the furnaces of hell. I have asthma and every time I encounter that ****, I have an attack. It really pisses me off, because I am at a university that has a policy preventing people from smoking near entrances of buildings, but does not enforce it.

 

[The Guard]

There are companies here in Ohio that won't even grant you an interview if you admit to smoking on an application.

 

[Lantern Venom]

I loathe smoking, but this is completely unconstitutional. Nothing should matter to a prospective employer except the applicant's ability to do the job in question.

 

[james-in-cali]

this kinda scares me, I'm a smoker and have a government job here in California . All it takes is one hr person to hear this and think its a great idea and its on here too. I would have thought cigarettes would have been banned before this started happening. Makes no sense that someone can be a functioning alcoholic and be way more dangerous to employ with no problems but I want to smoke and other than smell leaves no lasting effects? What is going on here!

 

[Teelie]

Before you start to panic, realize this is almost certainly going to be repealed on Constitutional grounds. It's already enough to ban smoking in public places, it is a health hazard but it doesn't mean it's legal or acceptable to start denying people employment over being a smoker either. This is also far too close to health discrimination which isn't legal except under special circumstances of safety.

 

[NickNitro]

I live in FL and I approve of this message. But I am also a human being and realize we all make our own choices and have a right to do so. This isn't to go well for anyone.

 

[DarkSentinel]

All of you are prejudiced against smokers

God I miss the '50s.

 

[MrMaooz]

The 50's were nasty.

 

[DarkSentinel]

Maooz

 

[DarkSovereignty]

Ahem, it's 'moose,' DS #2.

 

[MrMaooz]

Maooz

Well, I must say. The gangsters in the 50's were a lot better than the ones today. So were the smokers. At least they made it look cool and glamorous.