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.
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Michigan supervisors can be personally liable for discrimination
- Step up to a new high-stakes HR role: Stamping out conspiracies to discriminate
- Apple co-op settles sex and race harassment complaints
- About those waiver-and-Release agreements