A Smoky, Slippery Slope
By Lynne Bell
听
听听听听听听听听听听听 Canadian businessman Jack Kowalski wants to 鈥渨in the battle against smoking one person at a time.鈥�
听听听听听听听听听听听 The Montreal entrepeneur told The National Post, 鈥淚'm not hiring anybody in my organization that leaves work and goes home and smokes. I'm not going to do it.鈥�
听听听听听听听听听听听 Kowalski owns Jet Boating Montreal, his brother Joe owns a jet-boating business on the Ottawa River, and their business partner is in charge of Whirlpool Jet Boat Tours in Niagara Falls. Together, the trio lay claim to what they insist is the world's biggest tour operation of its kind; employing nearly 500 people during the height of the tourist season.
听听听听听听听听听听听 Kowalski claims that he has maintained his unorthodox hiring practices for three decades, telling The Post's Tom Blackwell: 鈥淧eople say 'You can't do that, it's discrimination.' I say, 'Look, I've been doing it for 30 years and I'm proud of it. I'm trying to help you...'鈥�
听听听听听听听听听听听 And certainly, Kowalski is not without empathy. He says he routinely tells eligible candidates to come back once they've kicked the habit.
听听听听听听听听听听听 In fact, one employee did so. Roger Nugent stated that he quickly quit smoking in order to secure a well-paying position with Kowalski and even signed a contract stipulating that if the business's owners learned he had resumed smoking-either on the job or anywhere else-Nugent would be fired.
听听听听听听听听听听听 The businessman said he started out simply trying to stop the stem of excessive smoke breaks among his workers. And although his mother passed away due to a disease that was smoking-related, he says he's 鈥渘ot sure鈥� where his uncompromising stance towards smokers comes from, but he is now determined to 鈥渨in the battle鈥� against tobacco.
听听听听听听听听听听听 Disclaimer: Except for some early experimentation, I'm not and really never have been a smoker.听 However, like most people, I know people-who are dear to me-who are smokers, who have attempted quitting (either successfully or unsuccessfully) numerous times, and sadly, who have even succumbed to illnesses directly related to smoking.
听听听听听听听听听听听 Suffice it to say, I'm not a fan of tobacco use in any of its forms. Even its most benign effects are a drag (pun intended). It is-at its best-an expensive, smelly habit that does your body no favours.
听听听听听听听听听听听 However, what is just as alarming to me is not that Kowalski has certain requirements of his employees while they are on the job, but rather, his attempt to interfere in their private lives.
听听听听听听听听听听听 Certainly some spoken and unspoken requirements off the clock are necessary, which is why you won't find pilots pounding back the brewskis at the airport bar between flights. However, what Kowalski is trying to do-no matter how well-intentioned and beneficial to the health and well-being of his workers-sets a dangerous precedent, especially during an era of high unemployment.
听听听听听听听听听听听 As long as an employee's conduct off the job doesn't affect their performance on the job, an employer has no business trying to dictate what they do during their downtime.
听听听听听听听听听听听 People still have a right to a private life-and this is one slippery slope that should stop.
听
Can an employer dictate what a person does in their free time?
By Kelly Running
听
听听听听听听听听听听听听听听听 The other day Lynne walked into my office and dropped off an article from the National Post. The article addressed an employer, Jack Kowalski, from Qu茅bec who hasn鈥檛 hired a smoker in 30 years at his company.
听听听听听听听听听听听听听听听 The decision to vet people for jobs based on a habit of smoking raises a couple of questions. Is it discriminatory to hire non-smokers over smokers and should an employer be able to dictate what an employee does when they鈥檙e not at work?
听听听听听听听听听听听听听听听 Kowalski explained that his efforts to ensure his employees are non-smokers, which includes a contract agreeing Kowalski is able to fire an employee if they take up smoking again, initially began as a way to avoid employees who would take frequent cigarette breaks throughout the day. Now, however, he sees it as a way to encourage people to quit smoking and improve their health.
听听听听听听听听听听听听听听听 His mother passed away due to a smoking-related disease according to the article and in the 1980s a Kowalski offered a friend $1,000 to quit smoking, which came with a thank you for essentially saving the friend鈥檚 life.
听听听听听听听听听听听听听听听 However, the issue is more focused on whether or not Kowalski should be able to dictate behaviour of an employee when that employee is not working and if it is discriminatory to refuse to hire smokers?
听听听听听听听听听听听听听听听 For certain jobs, for example a teacher, it is important that they remain in good standing in the community and are respected. What they do in their spare time can result in issues developing surrounding their job, which has been magnified by social media. Teachers, and other professions, are held to a high standard and it鈥檚 become taboo for them to express certain views or do certain things that other people wouldn鈥檛 think twice about. Why do those jobs have certain standards for their home life, while others don鈥檛? However, I鈥檓 not sure if smoking could fall into such a category as being unacceptable to take part in. I鈥檇 raise my eyebrow if you were an oncologist smoking, but it鈥檚 not really something that can be regulated outside of work.
听听听听听听听听听听听听听听听 Additionally, is smoking a disability? If it is considered a disability then someone who smokes is having their human rights breached as they are being discriminated against.
听听听听听听听听听听听听听听听 And apparently smoking is an addiction. An addiction it is a disability, which means hiring only non-smokers for positions could be construed as discrimination.
听听听听听听听听听听听听听听听 That statement, smoking is a disability. To be honest I was quite surprised by this and it seems oddly ridiculous, however I鈥檝e never smoked and don鈥檛 know the struggle I鈥檓 told it is to quit, but employers do need to be able to choose employees based on the right fit for the company. The company Kowalski runs is Saute Moutons, Lachine Rapids Tours. Personally I鈥檓 not deathly allergic to cigarette smoke, but I do think it鈥檚 a terrible smell and I would be turned off of a tour company if the guide smoked like a chimney; I wouldn鈥檛 be able to enjoy the experience I paid for at that tour company if that were the case.
听听听听听听听听听听听听听听听 So, is it right that Kowalski is attempting to control what happens during work hours? Absolutely, it鈥檚 his company and he has liberties that allow him to make certain requirements for what the position entails, however, he shouldn鈥檛 be dictating whether or not they can smoke cigarettes in their free time.
听 听 听 听 听 听 听 听听
