News
Where there's fire:
smoking at work
It may come as a great shock to you to learn that Harrison Ford turned 64 last month.
The prospect of picturing Han Solo, or perhaps Indiana Jones, pushing a zimmer frame is not a pleasant one.
Arguably, however, one of Ford's most memorable roles must surely be that of Dr Richard Kimble, the protagonist in The Fugitive. Accused of a crime that he did not commit, Kimble was forced to break out of jail, and to escape from a number of life-threatening situations (including jumping off the top of a hydro dam) in order to succeed in his objective of proving his innocence.
It could perhaps be fairly said that Ford's escapology provides a nice analogy for the burdens faced in modern society by the smoker.
Once the pastime of debonair Hollywood actors - and an accepted, and sophisticated, habit for the masses - smoking has become something of a social disease.
To get some idea of the issues involved in the smoking debate (and, amongst other things, to see a very interesting analysis of Hollywood actresses who have both smoked on film, and in real life) have a look at the “smoking from all sides” website at www.smokingsides.com.
The smokefree environments legislation has all but outlawed tobacco advertising in this country - and has placed severe restrictions upon the ability for employees to smoke in the workplace.
Further, it is no longer possible to light up at the bar of your local establishment - unless, of course, particular steps have been taken by the proprietor to take account of the interests of non-smoking patrons.
Though not quite required to take on the full extent of Dr Kimble's challenges, the modern day smoker must surely feel like he or she must sometimes overcome a number of obstacles in order to light up.
And now the Human Rights Commission has, by way of a statement issued last week, potentially added to the smoker's lot. It has confirmed that it is acceptable for New Zealand employers to advertise jobs which are available for non-smokers only.
The statement is based upon an interpretation of the Human Rights Act. That Act prohibits employers from discriminating in employment - but only on the basis of a number of listed grounds. For example, (and with some exceptions) an employer may not advertise for applicants based on gender, religion or sexual orientation.
But smoking is not listed as one of the prohibited grounds. And by corollary, that means that it is not prohibited for an employer to advertise for applicants on this basis.
Interestingly, the anti-smoking lobby group ASH said that it could understand how some employers may wish to hire non-smoking employees - but it opposed targeting the hiring of non-smokers. It believes that banning smoking in workplaces and getting rid of tobacco advertising are better approaches to discouraging smoking.
But could there be a glimmer of hope for smokers interested in establishing a right to indulge in their habit?
The human rights legislation prohibits discrimination on the basis of disability. Usually, of course, one might think of a disability as something which physically limits a person's abilities - such as the need to be confined to a wheelchair.
But in some overseas jurisdictions, claims have been successfully brought against employers who have discriminated on the basis of such things as alcoholism. Put simply, the argument is that alcoholism is a disease which disables a person from being able to perform in the same way as another person - and so long as there is no evidence of poor performance at work due to the condition, it should be illegal for the employer to discriminate on this basis.
It is possible that a similar argument could be made by a smoker under our human rights legislation. It would require the person to prove that he or she had an addiction which amounted to a disability - and which otherwise did not impede on the ability to perform his or her job.
A claim of this nature has never been raised in New Zealand. It is, however, conceivable that it could arise - particularly if our societal attitudes continue to weigh heavily against smoking.
For now, however, given the statement issued by the Human Rights Commission, keep a look out for advertisements seeking non-smoking employees!
