Should employers have the right...?

Employers should not be allowed to fire people because they are smokers. Nor should employers be allowed to discriminate against someone for being a smoker when deciding whether to hire them in the first place.

Allowing that type of discrimination is opening a Pandora's box to allow discrimination against people because they are overweight, or because they have a beer every day when the get home from work, or because they have a speeding ticket, or anything else that someone wants to target as being "unacceptable."

Making laws that allow certain segments of the population to be discriminated against contributes to this country being torn apart. If one group of people uses legislation to take away one of my freedoms, then it's okay for me to take away one of your freedoms? That is unAmerican (at least it used to be when our Constitution mattered).

I guess it depends on what culture you belong to. Any employer has the right to refuse to hire any applicant but he also has the obligation not to discriminate the applicants simply because of their race, creed, physical deformities, and even lifestyles if the applicant can do the job anyway.

A fitness product or facility would most probably not hire a model who is obese to show the enticing effect of the product. A hospital may probably not choose to hire a dermatology resident doctor if she has bad skin or a dentist with bad teeth, or a health instructor who chunks 5 packs of cigarettes a day. I guess it all boils down to the interest of the employer if they will be able to do the job best with minimal risks to the company and other employees.

There are laws however that bans employers from not even considering an applicant just because he's gay, obese, smoker, ugly, colored, etc. (In other words, there are laws that does not allow discrimination)

In case of an insurance company, that depends on their own policies but for me they should not charge more for people who are at more risk of getting sick, because that seems like discrimination already.

I don't believe that employers should have the right to refuse to hire or fire these sorts of people in general. There are some circumstances where I feel that these conditions are a legitimate reason to not hire them however...

For example, maybe a bus driver or a chauffeur wouldn't be hired because of IBS... that could cause serious issues for the company's reputation.

The only thing that I think truly should come into play, is whether the condition (or choice in terms of smoking) prevents that person from doing the job they would be asked to do. If it does, then it is a 100% valid reason to either refuse to hire them or to terminate them.

If smoking in some way effects the efficiency of their business than I think it would be reasonable. It would have to be a significant amount though. If you are constantly late to work, you are fired because you are reducing your reliability and efficiency right? Smokers are sick more than non-smokers, and they take many smoke breaks. If the employee wanted their job bad enough, they could simply not smoke at work. In the end, I believe that an employer should have the right to hire or fire anyone only if it is not based on uncontrollable factors. So is you had to smoke to survive, then it would become un-ethical. Obesity is the same in my book, you have the ability to lose weight. If you are among the rare minority that cannot lose weight, than you get a doctors note and your employer cannot fire you. -Alan

No.That is discrimination,how are these people to live if no one hires them? I disagree that employers have this right to charge anyone more for medical.The same news that you blast everyday is the same news that tells you these things.No one chooses to be diabetic or have high blood pressure these can not be changed with just diet.The same goes for any medical problem you may get while working.No one can be well 100% of the time.I bet you will change your mind if you got a serious sickness while working and you get fired and your insurance won't pay well it does happen and is happening.You just aren't the unluckcy one yet.Employers should not have those kinds of rights based on you may become a libality,then again you may not.Everyone who wants to work should be allowed too at what ever job they choose.

I think that employers should have the right to create a smoke-free environment, but that they should not have the right to fire or refuse to hire smokers (as long as they abide by the rules.)

It seems ridiculous to charge smokers more for health insurance, though. You are correct - would they also charge more for other "undesirable" traits? Talk about a slippery slope. If an employer tried hard enough, he could up the ante on every single worker. This just seems like a punitive stigma for a legal activity.

I may be a nonsmoker, but I value the freedoms that I have left!

At this point in time Employers Do have the right. If you smoke they do not have to hire you. Unless you go to a program sponcered by them to Quit. I think if you can check some of the public records in your court house you will find cases where everything you have mentioned has happened at least once.

Nope. Employers should not have a right to discriminate against people who have medical issues, or they smoke.

Everybody in the United States has the right to work, if they wish to. Just because they are obese does not mean that they cannot work.. that might just be a stereotype.

Obese yes, diabetic etc. no. Smoking and obesity are a result of choices. Nobody chooses to have irritable bowel syndrome.

Smoking is not a medical issue, it is a choice they choose to start smoking. Many insurance companies due charge higher premiums for people who smoke and for people who are obese-- they are considered high risk.