Smokers Rights Group Cries Discrimination Over Job Posting

by Tina Kells | January 22, 2009 at 10:27 am

974 views | 30 Recommendations | 10 comments

A Quebec based smoker's rights group is crying discrimination after a job ad was posted that told smokers they need not apply.

Arminda Mota, president of mychoice.ca, a website that promotes smokers rights says that a job ad for a Webmaster posted by the Quebec Council on Tobacco and Health, an anti-smoking not-for-profit organization, is discriminatory.

"They get at least $3 million a year from the government — from taxpayers who are non-smokers, and smokers like me — and they are openly discriminating," Mota told the Canadian Press.

"Even if you're a non-smoker, can you agree with this? What's next? You're not able to apply if you're over 150 pounds?"

The job posting in question states that only non-smokers or ex-smokers should apply. Mota says that a non-smoker stipulation in a job posting is discriminatory and unconstitutional and that if it is not challenged it will create a slippery slope for other employers to do the same.

Mario Bujol, president of the Quebec Council on Tobacco and Health says that although the organization is taxpayer funded it is still special interest and that it works hard to promote a smoke-free lifestyle. Bujol says that the Council is well within its legal rights to limit employment to people who will uphold the organization's stated ideals.

"We promote activities to reduce smoking so we want to set good examples."

Bujol also cites the other costs employers must incur when an employee smokes, as well as the public health issues surrounding second hand smoke and the toxic fumes that settle on smokers even after they have butted out, often called third hand smoke, as reasons why it is fair to limit job placement based on smoking status.

Mota disagrees saying that public sentiment has turned toward discriminating against smokers. Mota feels that the greater issue with the Quebec Council on Tobacco and Health job posting is one of individual rights and the Quebec Charter of Rights and Freedoms guarantee of freedom from discrimination.

"It's not the smoking issue itself — it's the fact that public health is starting to dictate behaviour and everyone thinks what they're doing is OK," said Mota.

"For now it's just smokers but I don't want to live in a society where what I put in my body is dictated by government."

Mota said most of her employees in the past have been non-smokers and it has had no bearing on the work they do.

"What you do, it's none of my business as the employer," Mota said.

The Quebec Human Rights Commission points out that the Quebec Charter of Rights and Freedoms does not specifically identify smokers as a protected group and that Mota's challenge is unlikely to be successful. Human Rights Commission Robert Sylvestre explains;

Spokesman Robert Sylvestre said Section 10 of the charter forbids discrimination on the basis of a number of conditions from race and sex to political convictions and language.

But smoking is not one of them.

Sylvestre said some people in other provinces have attempted to argue that someone with alcohol and drug dependency is akin to being handicapped.

But no one has attempted that with smoking, Sylvestre said.

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rolexgold

at 06:45 on January 23rd, 2009

rolexgold has contributed a photo to this story.

nomade7

at 07:08 on January 23rd, 2009

I don't smoke. I really think that smoking is dangerous for health so I want that the society keeps distance from smoking. but I cannot accept that a good right thought becames a discrimination....

hakumansfriend

at 06:37 on January 25th, 2009

I don't smoke despite I always thought smoking is class and photogenic, cinematic and rock!

I can't smoke because I don't like it!

(Ok, smoking too much is not really class and it gives bad breathe :) )

What about health?

What about all the pollution we breathe in the air?

What about all the shit industries put in our bodies without control?

I prefer people feel free to live as they want as long as they respect me

"Chasing" a lighter

hakumansfriend has contributed a photo to this story.

Kevin (not verified)

at 04:34 on January 26th, 2009

Beyond cult like Bigotry they have given a message, that they have little confidence in their own ability to convince a smoker to quit.

Other than power demonstrated by financial oppression, and slander, they have nothing to offer the broader community. The are so intimidated by, or fearful of, a single smoker being in their midst, they can't even have one working in their own support, as a subordinate in their offices?

Bigotry is a symptom of mistrust spawned by a lack of communication and understanding. It is a turf protective mindset, such as you see with street gangs, tagging to mark their territory, or dogs peeing on a tree.

Clearly this group knows little about people who smoke, or even the ridiculous measure of risk at hand, which is comprised of opinions in the complete lack of science or observation [Superstition]

Their hatred is a belief founded in the false promise of smoking bans, predicting "isolation is necessary to be safe". By fortifying their own self imposed cowardice, they will never allow themselves to learn and rise above the ignorance they demonstrate.

And this gang of fanatics and superstitious nuts, is funded with tax dollars because.... Ah yes because they claim to be ""professionals"".

Black plague (not verified)

at 11:11 on March 31st, 2009

i commend you. you have written what i cannot put into words. but might i also pull into sight insurance companies. lobbyists, manipulating common thought into a torment of hatred and dread against smokers so that in the case the someone does get lung cancer the insurance company can claim they are a smoker and will not pay what they have contractually been obligated to do, saying that the hospital bills are incurred are self inflicted by smoking. looking past facts like they worked in a chemical lab for an innovations type research facility where there was a chemical spill. or that they might have grown up and gone to school in a very old building containing espestis witch flowed freely through the ventilation system. this type of manipulation and ignorant bias infuriates me beyond any and all controle.

Kevin (not verified)

at 05:04 on January 26th, 2009

Someone needs only look at the production of third hand smoke science, to understand it's true worth. It is a current opinion contained in a made for media press release, garnered by searching for and locating, an opinion poll, done four years ago, with leading questions which found people who agree.

Stanton Glamz a leader of the huge international anti smoker lobby, stated in science America this month and in support of third hand smoke. "Tobacco smoke is more toxic than auto exhaust" Leading us to wonder if he believes he would last longer in a garage with a car running, than a person chain smoking in a garage? The observational sciences have always told us, ultra fine particulate as a product of coal emmisions and auto exhaust, which travels deep into the lungs, where it becomes lodged with no ability for the body to expell it, such as the ability we see with fine particulate and a smoker's cough. Auto emmisions and diesel exhaust contain many more and much more potent carcinogens, than are present in cigarette smoke.It is laugable anyone could believe auto exhaust can somehow be comparred to the relatively minor risk of fine particulate cigarette smoke, in the same measure. This promotion woiuld be somewhat delusional and certainly superstituous as well.

Third hand smoke is simply a measure of Superstitious belief. Did they con you? It is understandable when your guard is down and trust is your first instinct, many of us are often fooled. I am more resilient to false advertising and the tricks they get away with, so no one fooled me.

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