Susquehanna Health System, which operates Williamsport, Divine Providence and Muncy Valley Hospitals in Central Pennsylvania, has announced a new employment policy pursuant to which it will refuse to hire any smokers or other tobacco users.  As of January 1, 2010, all job applicants will have to pass a nicotine screening, in addition to the current drug test.  Smokers already employed by Susquehanna will not be screened, but Susquehanna is encouraging current employees who are smokers to quit.  Smoking on the campuses of the 3 hospitals is also prohibited.  The Pennsylvania Department of Health says Susquehanna is the first in the state to ban the hiring of smokers.

“As a regional health system and a leader in both medical education and community health improvement, we have an important obligation to practice the healthy behaviors we promote to the general public and to our own employees," said Susquehanna President and CEO Steven P. Johnson.  "This decision is highly appropriate and consistent with our mission, vision and values, which address the health and well-being of individuals in the communities we serve," he added.

As the new policy was just announced, it remains to be seen whether it will be legally challenged.  On its face, the new policy is not discriminatory as neither smokers nor other tobacco users are a protected class.  However, a creative argument can be made that smoking or tobacco use is a disability that has to be accommodated pursuant to the Americans with Disabilities Act.  Additionally, the policy could be held to be discriminatory if it has a disparate impact on the hiring of members of protected classes such as women, minorities and older workers. 

This newsletter is a publication of Nochumson P.C. and is intended for general information only. It should not be construed as legal advice with respect to any particular situation, and readers should not act upon information contained in this newsletter without first consulting an attorney. Copyright © 2009.