Ontario law prohibits smoking at work and in enclosed public spaces, but there is no legislation that clearly says an employer can refuse to hire someone who chooses to smoke on his own time. The only provincial or federal laws are human rights codes that prohibit employers from discriminating based on a disability.
Can an employer not hire me because I smoke?
In four states (California, Colorado, New York, and North Carolina) there is no specific law related to employee tobacco use but smokers are protected under broader state statutes that prohibit employers from discriminating against any employee who engages in a lawful activity. California also has a law that protects
Can you ask if someone smokes in an interview in Canada?
Guidance for employers
As such, employers should avoid asking whether a prospective employee is a smoker in the course of the hiring process (whether on an application form or in the course of an interview). Otherwise, they may potentially be exposed to unwanted liability.
Is smoking considered a disability in Canada?
Answer: Although the question has not been recently addressed in case law, nicotine addiction has been found to be a disability requiring accommodation in the past.
Is it ethical to not hire smokers?
Smokers are not a “protected” class under the law. In contrast, discrimination in hiring based on race, sex, religion, is currently illegal. For employers who provide health insurance as a benefit, their employees who smoke incur higher health costs, which the employer must pay for.
Can you discriminate against smoking?
While it is against the law to discriminate against people on the basis, for example, of race and religion, it is perfectly legal for employers to refuse to hire smokers and even, under certain circumstances, fire them because they have smoked a cigarette – even outside – during working hours.
Can you ask an applicant if they smoke?
Health-Related Issue
Employers are prohibited from asking about an applicant’s physical or mental health, and smoking falls under this category because it could suggest an applicant is more likely to suffer from smoking-related health problems such as respiratory ailments or even lung cancer.
Is smoking a human right in Canada?
A smoke-free policy is no different than a policy that prohibits loud music or that protects the well-being of other tenants. Common/civil law generally grants owners the right – and in some cases the obligation – to protect their property and other tenants. There is no right to smoke enshrined in Canadian law.
Are smokers a protected group in Canada?
The only provincial or federal laws are human rights codes that prohibit employers from discriminating based on a disability. But the legislation does not identify smokers or people with any other medical conditions as disabled.
What can interviewers not ask you Canada?
However, Canadian human rights law prohibits interviewers to ask questions concerning:
- Country/place of origin and citizenship status.
- Religion, faith or creed.
- Age.
- Gender or sexual orientation.
- Race or ethnicity.
- Family structure, children or marital status.
- Mental or physical health and disability.
What are the smoking laws in Canada?
Under sub-national legislation, smoking is prohibited in virtually all indoor public places and workplaces with the limited exception of designated smoking rooms in group living facilities, long-term care facilities, and specified hotel rooms.
Can an employer have a non smokers only hiring policy?
Therefore, under the current law, smokers do not have protection under anti-discrimination laws. As an employer, you would not be breaking any laws if you refuse to hire non-smokers, or advertise for non-smokers only.
Can smokers be denied health care?
Coverage cannot be denied to current or former smokers. This means smokers have prevention and treatment options available to them through their insurance. Additionally, the law includes smoking cessation therapy as part of the 10 essential benefits, which is available to smokers at no cost.
Is not hiring smokers an issue of ethics or social responsibility?
Legal Considerations
According to the ACLU, it can become lifestyle discrimination if the company requires that employees not smoke when they’re not at work, off duty, and/or off work premises.
Why is smoking not allowed in workplace?
Public health laws state that smoking is banned in enclosed places of work. The purpose of the ban is to protect employees and the public from exposure to the harmful and toxic effects of tobacco smoke in the workplace.
Do smokers have a right to smoke at work?
For example, under the NSW Smoke-free Environment Act 2000 and NSW Smoke-free Environment Regulation 2016, smoking and the use of e-cigarettes is illegal in all enclosed public areas. This includes shopping centres, dining areas, schools, business premises, community centres and public transport.
What companies will not hire smokers?
Best Practices for a Healthy Workforce
Some say U-Haul took an extreme approach to smoking, but U-Haul isn’t the first company to have a policy against hiring smokers—Alaska Airlines, many healthcare institutions, and the World Health Organization all have similar policies.
Can workplaces discriminate against smokers?
Although there’s no federal prohibition against discriminating based on smoking (being a smoker is not a protected class in any federal regulation), more than half of states do have some form of prohibition of exactly that. Some states outright prohibit discriminating against tobacco users.
Is smoking a right or a privilege?
There is no such thing as a constitutional “right to smoke,” since the U.S. Constitution does not extend special protection to smokers. Smoking is not a specially protected liberty right under the Due Process Clause of the Constitution.
Can you fire someone for being a smoker?
It depends on your state’s law. Federal law doesn’t address whether employers can fire employees for smoking. In a number of states, however, it is illegal to fire an employee simply for being a smoker. These laws, often called “off-duty conduct” laws or “lifestyle discrimination” laws, take several forms.
Why do companies ask if you smoke?
Some employers are trying to get to know their workers a little bit better — and one of the things companies are curious about is whether you are a smoker. Lots of companies gather and analyze worker information to better design wellness programs in an effort to eventually drive down health-care cost.