In many cases, discrimination in New Jersey is based on age, gender, race, religion and several other criteria, including sexual orientation. Laws in many states have barred these types of workplace discrimination, but a new wave of legislative changes across the nation may be creating a new form of hiring discrimination.

Many smokers have been forced to quit smoking in places such as bars and restaurants. In some cases, however, companies have begun choosing not to hire smokers because of the heightened probability that they will have higher medical care costs. Some feel that employment discrimination is heavily apparent in this situation. Some job postings go so far as to openly state that the employer does not hire smokers. While cigarette use may have harmful side effects, some believe that smokers are being wrongfully discriminated against.

Those that take this stance defend their argument by citing other potential causes for increased health care costs, like obesity. It is likely that an employer would not be able to get away with discriminating against someone for their weight, but some argue that the increased likelihood for health care costs is there. They also point toward individuals who are athletic. Those that play sports are the subjects of one out of every five emergency room visits in the nation, according to the Centers for Disease Control.

Companies such as the World Health Organization, Baylor University and Medical Mutual have changed their policies and no longer hire smokers. As legislation changed to ban smoking in many public places, some individuals may have even been fired for their habits. Despite this, the validity of workplace discrimination against smokers is still being debated.

Source: Dakota Voice, “Employment discrimination against smokers,” Sept. 25, 2011