A major U.S. employer announced this week that it intends to screen potential employees for nicotine use and will reserve the right not to hire smokers.
Cigna, one of the leading insurance companies in the country with more than 8,500 hundred U.S. employees, announced Tuesday that starting on Jan. 1, 2014, all prospective employees will be tested for nicotine use, in addition to other drugs.
The move effectively tells potential future employees they would not be able to work for the insurance giant if they smoke, chew tobacco or even use e-cigarettes.
Ohio State University professor and labor relations attorney Camille Hébert told Al Jazeera that the move raises the question of “whether you can engage in lawful activity off duty without your employer saying that you don't have the right to do so.”
"A nationwide company is going to have to tailor their policies to the particular state they’re in, because there are states (where) this would be unlawful," Hubert said.
Cigna said it plans to roll out its policies in select states where it is legal. Currently 21 states including Texas, Arizona, Massachusetts and Florida allow employers to test for nicotine. Based on the results of that screening, Cigna now reserves the right to deny or rescind job offers.
In a statement, Cigna told Al Jazeera that "current employees will not be affected unless they leave Cigna and are rehired after a period of six months or longer."
"Cigna believes that the company has a responsibility to encourage its employees to be healthy and to lead by example in helping Cigna costumers lead a healthy life," the statement read.
Nicotine is detectable in blood days after use and some byproducts can be measured in urine, hair and saliva, according to the Centers for Disease Control and Prevention.
Industry experts said testing for nicotine is a trend among health care businesses. Cigna joins a long list of companies, including Alaska Airlines, Humana health insurance, the Baylor Health Care System, the Geisinger health system and the Cleveland Clinic.
The move is also designed to reduce long-term health care costs. According to the CDC, smoking is estimated to be responsible for almost $200 billion in annual health-related economic losses.
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