Akron-based Summa Health Systems has announced it will no longer hire smokers. Applicants who wish to work at one of Summa’s six hospitals must provide a urine specimen to prove they are nicotine-free.
Current employees are not affected by the new policy.
Advice: If you wish to institute a similar policy, contact your attorney first. The pitfalls are many, and litigation is likely.
Ohio currently has no lifestyle discrimination law, so a policy like Summa’s is legal—as long as the policy is job-related, of business necessity and doesn’t violate the ADA or disproportionately affect minorities.
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