Smokers need not apply!

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To further expand its smoke-free environment, Susquehanna Health has adopted a new policy that prohibits the hiring of smokers and other tobacco users.

Health system officials and legal experts noted the policy, to take effect Jan. 1, is perfectly legal under state law. It affects every position within the health system.

"In Pennsylvania, tobacco users are not a protected class under the law," explained health system spokeswoman Tracie Witter. "So prohibiting the hiring of tobacco users is not discrimination."

Everyone who seeks health system employment must apply online, Witter noted. At that time, they are made aware of the policy.

"We have been testing for drugs. We are adding a nicotine component," she said.

Smokers already employed by the health system will not be screened.

"We are encouraging all our employees to quit smoking," Witter said.

However, smoking and tobacco use at the three hospital campuses as well as physician practices will continue to be prohibited, a policy that went into effect two years ago.

The smoking ban for new employees, Witter said, means the health system is joining a growing list of hospitals and businesses around the nation that already have adopted similar practices.

The health system's most recent policy would stand up in a court of law, according to Williamsport attorney Clifford Rieders.

"It is not illegal to discriminate against a smoker. The reason for that is an institution may discriminate against smokers," he said.

Rieders noted any argument that the American Disabilities Act would protect smokers as a special class of people who cannot reasonably be accommodated fails from a legal standpoint.

On the other hand, that argument successfully could be made in the case of people suffering from certain medical conditions.

Witter noted that as yet, no one has offered up a challenge to the health system's new policy.

"We are aware that we may lose some top candidates as a result of this policy," Witter said. "It's really a demonstration of our commitment to promote healthy behaviors."

The local chapter of the American Cancer Society endorsed the new policy.

Announcement of the health system's policy coincides with today's annual American Cancer Society "Great American Smokeout," which embraces smoke-free lifestyles.

"As a regional health system and a leader in both medical education and community health improvement, we have an important obligation to practice the healthy behaviors we promote to the general public and to our own employees," said Susquehanna President and CEO Steven P. Johnson.

"This decision is highly appropriate and consistent with our mission, vision and values, which address the health and well-being of individuals in the communities we serve," he added.