I haven't had a cigarette in my hand since about 1979 when I was probably listening to Saturday Night Fever and trying to look cool (of course that TOTALLY dates me). However, I saw this article on smoking in the workplace and found it pretty interesting. It's really all about where the line in the sand can be drawn by employers.

Faced with high annual increases in health care and worker's comp, empoyers are looking for ways to manage the health and health care costs of their workforce. Many companies have implemented programs to encourage non-smoking but some have taken it a step further. They have gone so far as to make hiring decisions based on the smoking status of the applicant! Now, given all the HIPAA, ERISA, ADA, TITLE VII and all the state/federal laws around...this could be a big legal problem. Some wellness programs offer "rewards" for reduced health insurance premiums for not smoking as long as certain requirements are fulfilled. However, an employer has to proceed with caution before taking any action in firing, or simply not hiring, a prospective "smoker" applicant. Numerous states have anti-discrimination laws that protect applicants and employees who are smokers but it is a very gray area.

Employers are just looking to halt the rise of health care premiums but at what cost? Are they passing up a wonderful hire? Are they entering an area that should remain a personal decision? Does trans-fat ring a bell? Whose decision is it? It seems that wellnes programs are probably the safest way to proceed. A well-designed non-smoking wellness program could result in significant long term benefits for employers and employees....while staying within legal guidelines.