My question involves labor and employment law for the state of: California
Hello,
The following message is in the prospective employee packet given to my mother who is attempting to find a new job after being laid off:
"Applicant's Certification of Tobacco-Free Status
[Company Name] has established a NO-SMOKING Policy.
The Company maintains a policy of hiring non-smokers(Effective 3/1/90).
In addition, applicants must certify not to use any form of tobacco including but not limited to smoking tobacco, chewing tobacco, smokeless tobacco, pipe, cigars, and cigarettes at time of application for employment, upon being hire, and an annual certification.
If your affirmation on this form - that you are not presently a tobacco use- later is shown to be false; or if you later smoke, chew, or in any way use tobacco on Company premises or business, your employment at [Company Name] will immediately be terminated
[Sign and date lines here]"
The above message has not been edited for grammar and has only been changed to remove the companies name.
First, should it be interpreted, as I have, that this form is meant to preclude employment to anyone who uses tobacco and not just that it forbids use on company grounds?
Second, upon reading this form, my mother did not complete the interview as she thought she'd be unable to be hired. Is there any action that can be taken on the company?
The law concerning the discrimination against the hiring of smokers for the state of California appears to be outlined in CA LABOR CODE 98.6 with reference to 96(k). It appears to outlaw the discrimination for engagement in any lawful activity outside of the workplace.
Your help is appreciated,
LSOreli
Hello,
The following message is in the prospective employee packet given to my mother who is attempting to find a new job after being laid off:
"Applicant's Certification of Tobacco-Free Status
[Company Name] has established a NO-SMOKING Policy.
The Company maintains a policy of hiring non-smokers(Effective 3/1/90).
In addition, applicants must certify not to use any form of tobacco including but not limited to smoking tobacco, chewing tobacco, smokeless tobacco, pipe, cigars, and cigarettes at time of application for employment, upon being hire, and an annual certification.
If your affirmation on this form - that you are not presently a tobacco use- later is shown to be false; or if you later smoke, chew, or in any way use tobacco on Company premises or business, your employment at [Company Name] will immediately be terminated
[Sign and date lines here]"
The above message has not been edited for grammar and has only been changed to remove the companies name.
First, should it be interpreted, as I have, that this form is meant to preclude employment to anyone who uses tobacco and not just that it forbids use on company grounds?
Second, upon reading this form, my mother did not complete the interview as she thought she'd be unable to be hired. Is there any action that can be taken on the company?
The law concerning the discrimination against the hiring of smokers for the state of California appears to be outlined in CA LABOR CODE 98.6 with reference to 96(k). It appears to outlaw the discrimination for engagement in any lawful activity outside of the workplace.
Your help is appreciated,
LSOreli
Discrimination: Discrimination Against Smoker
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