Question

Now consider the anti-tobacco use policy that went into effect at the Henry Ford Health System and The Beaumont Health System starting in January 2013. Under this policy, job applicants are screened for nicotine use, and rejected from employment if they use tobacco products. Explain how this policy may engage the disparate impact definition of discrimination. Estimate the legal vulnerability of the two Health Systems given their adoption of the anti-tobacco use policy.

Answer 1

Nicotine is a natural product of tobacco, Nicotine itself does not cause any serious illness, the tar and toxic gases that are released due to smoke become harmful. It causes lungs cancer and makes a person addicted to smoking. More than 500,000 people die every year due to bad effect of nicotine in the US alone.

The Henry Ford Health System and The Beaumont Health System are the two main health systems that have adopted of screening their employees for traces of tobacco or tobacco products. They run spanning nine hospitals, several medical facilities and other lines of business employing approximately 42000.

This policy came in force from January 1, 2013, that the company will not hire any new employee who fails the tobacco screening test. They can reapply after six months. These two are dealing with the health system and they enacted this rule to be a role model for a large number of populations by providing the total tobacco-free environment. Now no employees can use or smell of smoke during duty hours. Tobacco and tobacco products include cigarette, e-cigarette, pipe, snuff, chewing tobacco etc.

In the US there is no federal law for prohibiting employers from not hiring smokers, instead of individual states legal framework give guidance, and now more and more healthcare employers are prohibiting their employees from smoking. This can be treated as disparate discrimination, that is not done intentionally but for improving better health conditions.

Legally speaking federal law does not prohibit from hiring smokers, it is the health care system and others who are lawfully prohibiting their employees from using tobacco and tobacco products. There are many states in the US that allow hiring policies that prohibit smokers and tobacco users.

The policy is opposed on the basis that it is discriminative and against the constitutional laws of the US law of equal rights and opportunities to all.

It is questionable in the court that what products are listed under tobacco and tobacco products are prohibited, as 21 states used the terminology tobacco and tobacco products. The methods of screening for nicotine or smoke are also questionable. But there is a common trend that employers are hiring those who do not smoke.

It is necessary for health in general in the workplace; it creates a safer and healthier workplace. That reduces health care cost to the company. It is beneficial to both employer and employees.