roxanne stevenson
The tricky law of smokers' rights
Roxanne Stevenson claimed illegal discrimination in Kelowna, British Columbia, when she didn't get that job she wanted. The interviewer said Stevenson was hacking all the way through their session (but wait, that's a "medical condition," and ya can't discriminate), and besides, she has a history of missing work for being pulmonarily sick (but wait, that's beyond her control because she has an "addiction"). On the other hand, if she gives off the aroma of "large ashtray," the company is on safe ground because that interferes with co-workers' productivity. Vancouver Sun
Roxanne Stevenson claimed illegal discrimination in Kelowna, British Columbia, when she didn't get that job she wanted. The interviewer said Stevenson was hacking all the way through their session (but wait, that's a "medical condition," and ya can't discriminate), and besides, she has a history of missing work for being pulmonarily sick (but wait, that's beyond her control because she has an "addiction"). On the other hand, if she gives off the aroma of "large ashtray," the company is on safe ground because that interferes with co-workers' productivity. Vancouver Sun
Comments
Sounds like the company's got it right this time.
Posted by Expat47 in Athens, Greece on 02/10/09 at 10:29 AM
What if she switched to chew? Then they can't use the smell thing against her.
Posted by Matt in Florida on 02/10/09 at 10:53 AM
I think all smokers should switch to chewing tobacco (chewin' 'baccy). I think it would be awesome just to see all the spittoons around government buildings instead of ashtrays.
Posted by kingmonkey in Athens, Ontario on 02/10/09 at 10:59 AM
Good idea KingMonkey! Just think of all the jobs it would create and all the pork that could go to the states that setup spittoon factories, mines, special spittoon fresheners and sanitizers, etc, etc.
Posted by Expat47 in Athens, Greece on 02/10/09 at 11:05 AM
I smoke like a chimney, but I think the company should have the right not to hire her.
Heck, a company should have the right to hire or not hire whomever they want regardless.
Heck, a company should have the right to hire or not hire whomever they want regardless.
Posted by AGFH on 02/10/09 at 11:08 AM
On that same theory, could I have gotten a coworker fired because he gave off the (social) aroma of a large asshole?
Posted by BikerPuppy on 02/10/09 at 11:24 AM
BikerPuppy, people like that usually get promoted to management.
Posted by kingmonkey in Athens, Ontario on 02/10/09 at 01:11 PM
as some of you may know, this is my business...I can legally tell someone I don't want to hire them because I don't like them.
that's the beauty of the hiring process as opposed to dealing w/ employees. as long as you don't violate EEOC(race,gender,ethnicity,sexual orientation) issues, you can say no thanks for no reason at all.
that's the beauty of the hiring process as opposed to dealing w/ employees. as long as you don't violate EEOC(race,gender,ethnicity,sexual orientation) issues, you can say no thanks for no reason at all.
Posted by mrjazz on 02/10/09 at 03:02 PM
Im with AGFH, when I go to an interview, I dont smoke after Im in the clothes Ill be wearing.
Well, at least it wasnt in the US this time.
Well, at least it wasnt in the US this time.
Posted by One of them guys on 02/10/09 at 10:30 PM
Good for you Kelby! I've been smoke free for about 6 years and there are sometimes that I still want to grab a smoke.
Mr. Jazz, I thought by law all you had to say is "We're not interested at this time." No disclosure of reason needed.
Mr. Jazz, I thought by law all you had to say is "We're not interested at this time." No disclosure of reason needed.
Posted by DownCrisis on 02/10/09 at 10:42 PM
down crisis,
that is true you don't need to give a reason at all. there are no laws on how to reject folks. But I could, however, tell this woman that her 'appearance(heavy smell of smoke)' or her 'demeanor(hacking every 2 minutes)' were the reason I didn't hire her.
that is true you don't need to give a reason at all. there are no laws on how to reject folks. But I could, however, tell this woman that her 'appearance(heavy smell of smoke)' or her 'demeanor(hacking every 2 minutes)' were the reason I didn't hire her.
Posted by mrjazz on 02/11/09 at 09:36 AM
patty, after thousands of interviews and offer negotiations I have ways of asking or saying anything I want. here's a great tip. you've had a phone interview, but before you go further you just have to know what the person looks like. you can:
a: request a copy of driver's license (which only gives you a face, and sometimes out dated)
b: ask- 'if I had to find you in an airport, who am I looking for?'
that'll give you age, height, weight, hair color the whole picture.
pretty clever right?
the other way to find out the other things you can't legally ask is to say 'anything in your home life that would impede on your ability to work a completely flexible schedule?'
that gives you marital status, kids, ages, etc.
But if it's for my personal Administrative Assistant, who would have to be sexy to be considered, I just go straight for it and ask if she will trade sexual favors for raises.
a: request a copy of driver's license (which only gives you a face, and sometimes out dated)
b: ask- 'if I had to find you in an airport, who am I looking for?'
that'll give you age, height, weight, hair color the whole picture.
pretty clever right?
the other way to find out the other things you can't legally ask is to say 'anything in your home life that would impede on your ability to work a completely flexible schedule?'
that gives you marital status, kids, ages, etc.
But if it's for my personal Administrative Assistant, who would have to be sexy to be considered, I just go straight for it and ask if she will trade sexual favors for raises.
Posted by mrjazz on 02/11/09 at 09:06 PM
Commenting is not available in this channel entry.
Category: