21 Aug One Hospital That Will Not Hire Smokers
Healthy Workplace – Beginning August 15, 2012, “Hospital” will no longer hire
individuals who use nicotine products. Applicants who profess to use nicotine
will not have their applications processed. Anyone who is offered and accepts a
position with BHS will be tested for nicotine during our regular post-offer
pre-employment testing. Applicants who test positive for nicotine will be
eliminated from consideration and pending job offers will be rescinded. We
encourage candidates who do not pass the nicotine testing to consider taking
steps to stop the use of nicotine and reapply for consideration after a period
of 90 days.
This is a novel approach to potential employees that are smokers, but is this legal?
The answer is YES! There is no federal law that prohibits or restricts employers from requiring candidates to pass a drug test as a condition of employment. The ADA specifically states that pre-employment drug tests are not treated in the same fashion as other medical inquiries.