Do employers have the right to screen employees or potential employees to learn if they are smokers, have chronic disease, or are overweight? Why?
I don't think they do. Although these conditions may cause excessive absences, they don't do so for most people.
I'm a heavy smoker, my daughter has lupus, and a good friend was obese. Yet, we are on the job far more than many other people without these conditions.
so its not right for them to screen because even if you smoke, have a disease or are overweight then you can still do the job they should not base your preformance on you health conditions unless they get in the way of the job?
Exactly!
okay thank you for clearing that up!!!! :)
You're welcome.
Employers' rights to screen employees or potential employees for smoking, chronic diseases, or weight are subject to specific laws and regulations that vary by country and jurisdiction. It's important to note that I'm not a lawyer, but I can provide you with some general information.
In many countries, employers do not have an automatic right to ask about an individual's smoking status, chronic diseases, or weight during the hiring process. In fact, such questions may be considered discriminatory and in violation of privacy rights and employment laws.
There are a few reasons for this. First, medical conditions, including chronic diseases and obesity, are generally protected under laws that prohibit discrimination based on disability or health status. Asking about these conditions during the hiring process may be seen as infringing on an individual's rights.
Second, asking about someone's smoking habits, while not a medical condition per se, can still be seen as a violation of privacy. Smoking is generally considered a legal activity, and individuals have a right to keep their personal habits private unless they directly impact job performance or safety.
However, it's worth noting that there may be exceptions to these general rules. For example, in some industries such as healthcare or certain safety-sensitive roles, employers might have specific medical requirements or fitness-for-duty standards that could permit limited inquiries about smoking, chronic diseases, or weight. Additionally, after an individual is hired, some employers may have wellness programs that incentivize or support employees in making healthy lifestyle choices, but participation in these programs is usually voluntary.
To truly understand the specific rights and regulations in your jurisdiction, it's best to consult with local employment law experts or refer to your country's labor legislation and regulations.