Is cigarette smoking a Civil Right?

[guido911]

Any thoughts on a person having a wrongful discharge case because they were fired for smoking (in violaiton of company policy)?

http://hosted.ap.org/dynamic/stories/F/FIRED_SMOKER_SUES?SITE=FLTAM&SECTION=US

[Johnboy976]

Okay, that situation was a bit over-board, I have to admit. I thought I heard of a similar situation happening about a year ago.

[rwarn17588]

It's overboard, but smoking is NOT a constitutional right.

[guido911]

RW:  There are people out there--many on the right (libertarian?)--who believe that smoking restrictions by companies is unlawful because it interferes with personal freedom. I find that hilarious. What about my personal freedom to have my clothes, and in turn myself, not smell like a monkey's a@s because others need to exercise their personal freedoms near the entry of my office building.  
In any case, think about the underlying reasons behind statutory prohibitions against wrongful termination instances where an employee has been fired because of race or gender. There is an effort by government at the removal/remediation of all vestigates of histroric discrimination. Do cigarette smokers really believe their "civil rights" have been violated similar to blacks and women?

[sgrizzle]

The state did it here somewhat succesfully. The company can say "employees are allowed to smoke, however they cannot do it on company property and do not get smoke breaks" Both those statements are well within their rights and state basically the same thing. Companies get a more productive workforce and lower insurance rates as well.

Keep in mind libertarians also think you should be able to smoke pot at work.

[pmcalk]

Libertarians also believe that employers should have the right to fire anyone they want, whenever they want, for whatever reason.  I think a libertarian would say that, yes, you have a right to smoke.  But you don't have a right to work at a particular job.

[papaspot]

quote:Originally posted by sgrizzle


Keep in mind libertarians also think you should be able to smoke pot at work.

No offense, sgrizzle, but that's just BS. Libertarians oppose excessive GOVERNMENT control. What a private business allows or disallows is an entirely different matter.

And I have never met one SINGLE (and I know quite a few) libertarian who thinks you should be able to smoke pot at work. That's just about the most ridiculous thing I've heard in a month of Sundays.

[Conan71]

My boss, who is also my best friend (next to my wife) is a heavy smoker.  There are only two of us in the office who do not smoke and I have an air purifier in my office.  I'm an ex-smoker and the legend must be true about ex-smokers bitching the loudest about cig smoke because I hate it now.

That's fine and good, I also reserve the right to fart at my convenience [xx(] in anyone's work area or office who doesn't mind walking into my office with a lit cig at their convenience.

[sgrizzle]

quote:Originally posted by papaspot

quote:Originally posted by sgrizzle


Keep in mind libertarians also think you should be able to smoke pot at work.

No offense, sgrizzle, but that's just BS. Libertarians oppose excessive GOVERNMENT control. What a private business allows or disallows is an entirely different matter.

And I have never met one SINGLE (and I know quite a few) libertarian who thinks you should be able to smoke pot at work. That's just about the most ridiculous thing I've heard in a month of Sundays.

They believe in repealing all drug prohibition. Whether they want to personally smoke pot at work I don't know, but they are making sure its not illegal. They also want to legalize other things like prostitution.

[papaspot]

quote:Originally posted by sgrizzle

quote:Originally posted by papaspot

quote:Originally posted by sgrizzle


Keep in mind libertarians also think you should be able to smoke pot at work.

No offense, sgrizzle, but that's just BS. Libertarians oppose excessive GOVERNMENT control. What a private business allows or disallows is an entirely different matter.

And I have never met one SINGLE (and I know quite a few) libertarian who thinks you should be able to smoke pot at work. That's just about the most ridiculous thing I've heard in a month of Sundays.

They believe in repealing all drug prohibition. Whether they want to personally smoke pot at work I don't know, but they are making sure its not illegal. They also want to legalize other things like prostitution.

Being one myself, I have a pretty good idea what "they" believe in. This guy didn't get fired by the government. And it's a LOOOOOOOOOOOOONG WAY from saying that the government has no business telling what people should do with their private lives and saying that "they" believe that people ought to be able to smoke pot at work.

[AMP]

Many states including Oklahoma, are Employment At Will.  Meaning employees have the right to choose to who they work for, or quit a job in a moments notice.  On the other hand the employer can also exercise that same right in termination.  And are not required to give a reason for termination.

Other than age or gender issues, wrongful termination cases rarely are filed.  

Right to Work status lowers civil cases brought between employees and employers even more.

Don't like where you work and quit, or are terminated because you don't fit the requirements or violate specific policy, or a new manager does not like your hair color, tough toe nails.  You are out the door.  

[guido911]

AMP:  That is probably the reason the employee who is the subject of the link has turned his firing into a federal civil rights case. Federal law, federal cause of action.

[snopes]

I can certainly understand a company banning smoking at work, even in and around the building. I can also see where a company might have such regulations where they prohibit people from smoking (if they wish to work there). They need to apply the rules consistently, however. Are you overweight? Do you have high cholesterol? Do you drink too much caffeine? Of course they wouldn't do that because it would diminish their labor pool. I'm all for limiting smoking in enclosed public places or places that a person has to pass through (such as an entryway) to work, but if they want to pick on "unhealthy" liefestyles they need to be consistent.

[guido911]

Snopes. You have actually touched on what's probably coming next from companies. The issue of firing people because of personal habits is a concern because of the slippery slope.

[Goodpasture]

There is a good chance that if health care does not become universal, in companies that offer health insurance, a cost reduction analysis will show that people who are obese, that smoke, or who practice unhealthy or dangerous "off campus" activities will be terminated. After all, if health care is to be profitable, we can't have people actually using it. What is going to be fun is if we take this to absurdity. I can see it now "Jim, you live in Owasso and the statistics show that the commute is excessive and may create stress related problems so you are going to have to move to Broken Arrow."