Rehire and smoking policy enforcement
I started working at a large corporation beginning in 2008. I was laid off in June 2013 due to department downsizing. They have asked me to come back as an on calll position, I have met with my manager, with human resources, and completed a drug test and a tb test. Then I get a call from HR,, do I smoke cigarettes. I do now and did originally when I was hired. They implemented a no smoking new hire policy in January 2013. Does this apply to me? Technically wouldn't I be classified as a rehire, not new hire??? I was not fired, I was laid off for 2 months.
2 answers | asked Aug 24, 2013 08:42 AM [EST] | applies to Ohio
Answers (2)
Even though you may have an argument on being a rehire, you are going back in an on call capacity, which is different from you old position. Smoking or being a smoker is not a protected group under any of the anti-discrimination laws, so I would be mindful that the employer may just find someone else.
posted by Bruce Elfvin | Aug 24, 2013 10:08 AM [EST]
posted by Bruce Elfvin | Aug 24, 2013 10:08 AM [EST]
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