I have been offered a job, signed a contract of acceptance, and quit my current job for the new job. The new job has required that I take a drug test and the test included a nicotine test. I am not a regular smoker, but I did have one cigarette the day before my test and I live with smokers. I am very concerned that the new company will not honor the agreement I signed and rescind my offer of employment based on the results of the nicotine test and I'm wondering if I have any legal recourse if this does happen. I'm particularly upset about this because I don't consider myself a smoker because I went through lengthy medical treatments for cessation of smoking 3 years ago and since have only had a cigarette on rare occasions. I feel discriminated against, and embarrassed, and after all of the work I did to obtain a very good position with the new company and leave my current company I don't think I should feel this way before I start the job. I would very much like to know if there have been any successful cases of smoking discrimination in Washington, because I don't think there is any legislation in place in this state to stop smoking discrimination in hiring practices right now. Thank you.
Estate Planning Attorney
Posted three months ago with no answers yet. My guess is you have your new job. Hopefully it is what you thought it would be. If you did not get your new job and you believe you have been discriminated against on the basis of your smoking you could talk to an employment attorney but you won't have much luck winning.
From my experience the test for nicotine is not to help them with their hiring decision. You can't legally smoke in most workplaces anyways. This test is typically given by companies who provide certain kinds of insurances and is a criteria in determining insurance rates.