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Cleveland Clinic will not Hire Smokers



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No. 30
Old Jul 02, 2007, 01:38 AM

Default Re: Cleveland Clinic will not Hire Smokers
Originally Posted by mercyteapot View Post
Actually, the Constitution does have something to do with it. You were suggesting that women who have had abortions not be hired because of an alleged correlation with higher rates of other unpleasantries. Asking applicants or employees for this piece of information is prohibited by law. Constitutional law. Ditto with the STDs for men. Ditto with a plethora of behavior induced health troubles. Not ditto, apparently, with Cleveland Clinic's decision. They clearly feel that they are on solid legal ground and there are precedents for their decision. I'm sure it will be challenged. So be it.
I'd be interested in hearing how it is Constitutionally prohibited to ask an employee if they've had an abortion.

Employment law; an employer can enforce an employee to undergo a physical examination as long as they force all of their employees to undergo a physical examination. Abortion history is a reasonable part of a physical exam.

My point is that if an employer has legal privilege to deny employment based on the employees choice to smoke, then they will create precedent to deny employment based on other issues, such as predisposition to known risks secondary to history of abortion.

If one believes otherwise, I'd like to hear the rationale, but there are no constitutional protections to employment.
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No. 31
from rn/writer
Old Jul 02, 2007, 02:04 AM

Default Re: Cleveland Clinic will not Hire Smokers
The main topic here is about the Cleveland Clinic not hiring smokers. No need to wander off-topic into hypotheticals when there is an actual situation at hand.

Because of the inflammatory nature of just about any discussion regarding abortion, I am asking that members recognize that topic for the distraction that it can be and keep the focus on the original topic.

Just so we're clear--posts that include abortion discussion will be removed and members contacted.

Thank you.
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No. 32
from Tweety
Old Jul 02, 2007, 07:03 AM

Default Re: Cleveland Clinic will not Hire Smokers
I agree with Miranda, that there is no need to go off on tangents about abortion.

Darren, I disagree that just because someone supports a hiring ban on smokers that those same people are going to expand the line to include those who have had abortion. I give them a little more credit for being reasonable, but I suppose it's possible for some of them to have that kind of mentality.

I understand the point that if you refuse to hire smokers, then where are you going to draw the line? Are you going futher and not hire those who've had abortions, are obese, are bulemic, depressed, noncompliant?

I do support however, employers drawing their own line here. Just as I support employers who want a drug free staff.
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No. 33
from Balder_LPN
Old Jul 02, 2007, 03:59 PM

Default Re: Cleveland Clinic will not Hire Smokers
Originally Posted by traumaRUs View Post
Sorry, but being fat doesn't endanger patients! Smoking does. Our hospitals in our area are all going smoke-free July 4th and I'm glad.
Originally Posted by rn/writer View Post
Yeah, I've yet to hear a report about second-hand excess weight.
Oh, wow, you mean they were smoking in the patients rooms, or the hallways or what? How were the smokers endangering their patients?
By carrying an unpleasent odor?

Smoking is dangerous to your health, no one should smoke. But it is still legal, and if someone wants to do it they should not have their employment endangered as long as they are not endangering others.

Come on, with the intent of "we're modeling what we think is appropriate healthy behavior." the next thing is to not hire overweight people, or those who drink alcohol.

This is simply another example of the steady erosion of personal rights in this country. The liberal left seems to always know what is better for others and to force that on the population as a whole.

Let me take care of myself in my personal life, if what I do is endangering others than put a stop to it, but if it is only myself than that is my right in this country to do so.
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No. 34
Old Jul 02, 2007, 04:45 PM

Default Re: Cleveland Clinic will not Hire Smokers
Originally Posted by Balder View Post
Oh, wow, you mean they were smoking in the patients rooms, or the hallways or what? How were the smokers endangering their patients?
By carrying an unpleasent odor?

Smoking is dangerous to your health, no one should smoke. But it is still legal, and if someone wants to do it they should not have their employment endangered as long as they are not endangering others.

Come on, with the intent of "we're modeling what we think is appropriate healthy behavior." the next thing is to not hire overweight people, or those who drink alcohol.

This is simply another example of the steady erosion of personal rights in this country. The liberal left seems to always know what is better for others and to force that on the population as a whole.

Let me take care of myself in my personal life, if what I do is endangering others than put a stop to it, but if it is only myself than that is my right in this country to do so.
I bet if they thought they could get away with discriminating on the basis of weight they would. The problem is that excess weight is not as black and white as being a smoker is. No one can claim that they smoke due to medical and/or genetic conditions. At least some of the people in this country who are overweight have underlying factors that complicate weight management. I wasn't aware that recognition of this fact had anything to do with political affiliation.

You can say it's your right in this country to smoke as much as you wish but the fact is that there are more and more states and municipalities that have passed legislation limiting just where you can spew your carcinogenic fumes and all of them have withstood court challenges.
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No. 35
Old Jul 02, 2007, 06:11 PM
Updated Jul 02, 2007 at 06:14 PM by DarrenWright

Default Re: Cleveland Clinic will not Hire Smokers
There is a difference between telling people where they can smoke vs. IF they can smoke. I think daily and routine smoking is a vile disgusting habit, and inconsiderate of others (as smokers toss their butts out the window, bouncing them off my car, and scatter their debris anywhere that suits them), but I also believe that people should have the right to smoke as much as they want.

But there is a remarkable hypocrisy is some support the decision to discriminate against smokers when it comes to employment, but oppose discrimination against other people who have engaged in equally risky behavior that also has proven predisposition to costly medical problems later on. No-one liked the previous comparison and were easily distracted, but here's another one; it's legal to ride a motorcycle without a helmet...a practice protected BY LAW (I believe in Ohio), just like smoking, but what do you think would happen if the Clinic decided to refuse employment based on whether or not the employee wore a helmet when they rode their bike? Or what if they refused employment to motorcycle owners?

I only believe that consistency is required.

And there are jobs (including nursing jobs) that 'discriminate' on the basis of weight, and other even more uncontrollable physicial factors such as height, and they do so legally. But they don't do it because of health-risk factors, but because of function; i.e. some places restrict their flight nurses to specific heights and weights.
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No. 36
Old Jul 02, 2007, 06:26 PM

Default Re: Cleveland Clinic will not Hire Smokers
Originally Posted by DarrenWright View Post
There is a difference between telling people where they can smoke vs. IF they can smoke. I think daily and routine smoking is a vile disgusting habit, and inconsiderate of others (as smokers toss their butts out the window, bouncing them off my car, and scatter their debris anywhere that suits them), but I also believe that people should have the right to smoke as much as they want.

But there is a remarkable hypocrisy is some support the decision to discriminate against smokers when it comes to employment, but oppose discrimination against other people who have engaged in equally risky behavior that also has proven predisposition to costly medical problems later on. No-one liked the previous comparison and were easily distracted, but here's another one; it's legal to ride a motorcycle without a helmet...a practice protected BY LAW (I believe in Ohio), just like smoking, but what do you think would happen if the Clinic decided to refuse employment based on whether or not the employee wore a helmet when they rode their bike? Or what if they refused employment to motorcycle owners?

I only believe that consistency is required.

And there are jobs (including nursing jobs) that 'discriminate' on the basis of weight, and other even more uncontrollable physicial factors such as height, and they do so legally. But they don't do it because of health-risk factors, but because of function; i.e. some places restrict their flight nurses to specific heights and weights.
If you're not hired for a job because you aren't able to perform the essential functions of it, for whatever reason, you're not being discriminated against. You are simply unqualified for the position.

I don't think your comparison of the motorcycle helmet is any more apt than the other comparison, which shall go unnamed, because again, it isn't something the average patient would have any way of knowing. Any more than they could look at their nurse and say ''Aha. They are modeling unhealthy behavior by the reproductive choices they have made''. They do have a way of knowing whether a person smokes or not, though.
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No. 37
Old Jul 02, 2007, 09:14 PM

Default Re: Cleveland Clinic will not Hire Smokers
Originally Posted by jzzy88 View Post
RE: not hiring smokers. I think if they are going to do this for nurses then they should require a total ban on hiring any smokers in the entire hospital. This includes doctors, receptionists, etc...it shouldn't just be against nurses. And by the way I think it is mean thing to do because smoking is for some more addictive than heroin. They should provide cessation treatment for all hospital employees if they really want a smoke free staff.
Sorry if someone else has responded, as far as I know, they will be banning employment for EVERYONE the clinic employees if you test positive for the nicotine metabolite. It is screened for in your pre-employment physical that every employee must take, including doctors, techs, secretary's, food service workers, housekeepers, social workers, nurses, everyone... And they do provide FREE smoking cessation classes and patches for every employee that smokes.
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No. 38
Old Jul 02, 2007, 11:11 PM

Default Re: Cleveland Clinic will not Hire Smokers
[quote=mercyteapot;2278885]If you're not hired for a job because you aren't able to perform the essential functions of it, for whatever reason, you're not being discriminated against. You are simply unqualified for the position.

That's not what is happening; these people are not denied employment because of their ability to perform the functions, but because of the limitations of the facilities. A 6'5" 250 lb RN could be fantastic at the job in a larger aircraft with one employer, but denied employment at another employer who uses a smaller aircraft with decreased lifting capacity. It can and does happen, and has nothing to do with employee performance.[/QUOTE]

I don't think your comparison of the motorcycle helmet is any more apt than the other comparison, which shall go unnamed, because again, it isn't something the average patient would have any way of knowing. Any more than they could look at their nurse and say ''Aha. They are modeling unhealthy behavior by the reproductive choices they have made''. They do have a way of knowing whether a person smokes or not, though.
This has nothing to do with what the patients are capable of "knowing," but more rather the function of the facility. They are attempting to reduce lost work time and probably insurance cost. If they choose to eliminate an employee based on simple "unhealthy" appearance, they can't just choose one behavior that is even less obvious than others (i.e. such as obesity, and there are no doubt obese people working in the Clinic).

There is absolutely no way you can isolate smoking as a behavior with no valid comparisons in this issue.

BTW, I work with smokers, some of which I never knew smoked until they took a smoke break...there was no odor.
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No. 39
from NREMT-P/RN
Old Jul 03, 2007, 12:33 AM

Default Re: Cleveland Clinic will not Hire Smokers
Wow, there sure are a LOT of feelings about this --- I did not think that so many would weigh in.

I am 100% anti-smoking, chewing in the workplace. But I do see that DarrenWright has a point with the analogy. But, whether I'm chunky or have had contraception issues IS NOT gonna hurt my patients. If my patient has RAD or allergy/sensitivity issues - it is well documented that precipitants that "linger" on clothing from smoking can harm fragile populations.

Cleveland clinic DOES TREAT some very fragile populations.

Bottom line - An employer CAN determine parameters for their hire AS LONG as they do not violate EEOC standards. And as long as they do not break with EEOC or Federal Laws - any employer can end your employment for any/no reason (it most at will states, few differ). Something to think about.

Now, a word about flight nurses (flight paramedics) and weight. Well, it IS a helicopter and their are REALITIES with weight/balance and safe operations. The fact that HEMS will not hire out of their "reference" is their right. IF one falls out of the "range" should they be fired after hire??

Courts have been somewhat mixed on this strict weight only rule: however, if you have to present with a certain medical class and your weight becomes an issue with other health problems and you lose your medical rating (class) then you can be terminated as you do no longer meet the requirements. Same for smoking, if it increases health problems and you lose your medical - at some point you will not have a job.

Practice SAFE!

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