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Do not hire smokers – E24

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Do not hire smokers – E24

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– Lime Technologies’ HR Manager said: We believe smoking does not contribute to a healthy work environment.

Not illegal: The Equality and Discrimination Ombudsman explains that smoking is not protected against discrimination. There is no other legislation prohibiting discrimination against smokers.
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“Recruiting smokers is not our thing.”

IT company Lime claimed this in its job ad.

The company, which is based in Sweden, is hiring a new sales manager for its Oslo office and has made it clear in all job ads that smokers are not welcome at the company.

– This policy might make us stand out, but the reason we continue with it is the positive feedback we get from our employees. Many employees pointed out that they thought it was a good thing that we were standing firm and taking a stand on this issue, said Pernilla Möller, HR Manager at Lime Technology.

– Caring for people

In the job ad, you have to “check a box” promising not to smoke during work hours. In addition, the company writes:

“We won’t hire smokers. “Why not?” you might ask… well. Because Lime’s culture is about caring for our customers and colleagues. We wish everyone the best. Smoking is not only bad for you, but also for your surroundings and society. At Lime, we believe in making a difference and dare to stand out. That’s why we have a no-smoking policy”.

Mueller said the company is very focused on the work environment and places a special emphasis on health, so it was natural to recruit people who also want to contribute to such a work environment.

– Is it for the individual employee or for the company as a whole?

– That’s all. We think it’s about caring for others and our colleagues. We think smoking does not contribute to a healthy work environment.

Mueller said they would not get involved in what employees do in their free time, but rather to show respect for their colleagues.

– We have a twinkle in our eyes. We dare to take a stand on the issue. We won’t fire someone for smoking or anything like that, but we will discuss the issue and ask them to show respect.

To apply for a job at Lime, you must promise not to smoke during working hours.

– May be seen as unfair

You can get protection from unfair discrimination during the course of employment and in working life in general.

Ingvild Baltzersen Sund, senior adviser at the Equality and Discrimination Ombudsman, said discrimination protection covers actions or measures related to the basis of discrimination.

This could be based on, for example, sex, race, disability, sexual orientation, gender identity, age or political views.
– Sander said smoking has nothing to do with such a basis and therefore does not fall under discrimination protection.

The aim is to protect groups that are particularly vulnerable to discrimination, and smokers do not belong to such groups. In addition, in certain circumstances, employers can make requests as difference managers if there are practical reasons.

– Sander points out that even if something is not protected by discrimination, discrimination can still be considered unfair and unreasonable.

Need factual basis

There is also no other legislation prohibiting discrimination against smokers.

– Therefore, employers can look for non-smoking employees and can ask job applicants questions about smoking during interviews.

This is what Hedda Molteberg Nilsen, a lawyer at Molteberg Nilsen Law Firm, said.

– Employers can set standards that employees must not smoke, and as long as the requirement is reasonable, it will not be considered unlawful discrimination. Lime’s reason for a no-smoking policy is to protect health and the working environment, which is also a factual reason.

Hedda Molteberg Nilsen works at the law firm Molteberg Nilsen.

There is still a difference between requiring employees not to smoke during work hours and requiring them to never smoke.

– A requirement that employees never smoke could be seen as an unnecessary intrusion on their privacy. In Lime’s announcement, they made it clear that smokers are not wanted, but applicants only have to promise not to smoke during work hours. It’s more limited and potentially easier to defend legally.

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