Published
An employee was terminated due to insubordination (he was smoking in front of customers).
He now claims he is being discriminated against due to a disability - nicotine addiction.
Is there any literature that supports that nicotine addiction falls into the same medical disability as alcohol or drug addictions?
My husband and I quit smoking almost 7 months ago. We had both smoked since we were teenagers (we're both almost 30). Smoking should not be a disability, but emphysema and lung cancer are. Obesity in my opinion is a disability because it does impair ones ability to function "normally". Obviously an alcoholic is disabled if they are not in recovery as they are most likely drunk or hung-over.
I do think people need to take responsibility for themselves. As far as listing all manner of addiction as a disability, that is ridiculous. Imagine "you can't fire me for sleeping on the job; I am addicted to downers and they make me sleepy." That's just plain silly.
Obviously this guy could have obeyed his facilities rules regarding smoking. He was not fired for smoking, he was fired for insubordination. Personally, I hate walking past a group of smokers outside of any building. In this day and age (post 9/11) it's also a security risk to have people just loitering outside of a building.
Addictions, smoking, drinking, drugs, food, sex, and whatever new substance or action will be considered addictive, do have a physical, addictive component. They also have a the component of choice and individual responsibility. One has to make the decision (choice) to pick up the cigarette or the bottle or the pizza and put it in one's mouth. And these addictions are not a matter of MYOB. Smoking pollutes my air and lungs. COPD and lung cancer cost all of us big bucks in health care costs. Alcohol and drugs cost big bucks too not to mention the toll on family and children of addicts and the destruction caused by impaired drivers. So I am one of those bad people who think people are responsible for their actions and choices and don't believe that everything is a disease or addiction. So I don't think this smoker has a disability unless maybe it is a mental disability - you've got to have "issues" to intentionally decide to pollute your lungs, and the lungs of all around you, and pay $3/pack to do it.
Reminds me of an old joke about the bloke smoking in a general store. Teh shop assistant glared at him and told him to put out the cigarette.
The bloke just shrugged and said "You sell them here I can smoke them here."
The shopkeeper replied "Sir we also sell laxatives............."
Seriously just because he files the law suit does NOT mean he will be successfull and any judge with even an ounce of intelligence will realise that to make a judgment supporting smoking inside buildings we will be back to where we were 10 years ago.
MikeLPN
82 Posts
I am an incorrigible smoker. I also suffer from cluster headaches. I recently saw a neurologist (again) on the advice of my primary health care provider who said people like you don't find cigarettes they find you. This seems pretty weak even to me but when you think about it at the basic biochemical level isn't it odd how some people really, really need to smoke. Don't get me wrong, DON'T SMOKE, DON'T START! (and I really, really, really mean it), but there is something there, there. It's no more a disability than any other substance but every time you see somebody light up or what ever just remember that there is some pretty complicated stuff going on there and we don't exactly know how or why in each individual case. Understanding how/why it affects the individual is just the starting point as individual actions cause a ripple effect touching all of us in one form or another.
But then again maybe I'm just an LPN in RN school and working FT+ with a wife and maybe I just need a cig real bad with no excuses