Can Employers Legally Force Employees to Stop Smoking and Lose Weight?

The holidays are over, but the weight you gained is still here and you’re a little self-conscious about it–should your employer be concerned about it, too? According to some companies, the answer is yes. About one-third of adults in the U.S. are obese and their healthcare costs are high. But weight isn’t the only health issue bothering employers; the focus is also aimed at smokers.

Some companies are telling its employees to use the stairs and to go cold turkey because health problems are costing them more than $73 billion a year.

In the past, employers have tried to promote a healthier lifestyle by having healthy food choices in vending machines or discounted gym memberships. Nowadays, these employers are offering:

• Wearable fitness trackers
• Weight-loss surgeries or drugs
• Counseling for mental-health issues connected to eating disorders
• Monetary rewards
• Tobacco cessation programs

So, why would an employer care if I eat too much junk food? Well, reducing an employee’s weight to either a normal level can save an employer 9% on health care costs or time lost when an employee calls in sick due to illnesses linked to weight.

You may be wondering–what’s so bad about these programs and policies? Doesn’t everyone benefit from these health conscious programs?

Getting healthier is great, but the execution of these programs isn’t the best. Some have argued that these cash incentive programs will only lead to short-term success (i.e. weight is lost during weigh-ins, but is regained once the competition ends).

So far, the participation by employees in weight loss programs is voluntary, but that can’t be said for smokers. To curtail some of their healthcare costs, companies are having tobacco users pay health care premiums. Some of these surcharges can range from $533 to $1,200 a year.

Like the weight-loss programs, many companies also have tobacco cessation programs to help smokers quit. But unlike the weight-loss programs, participation is not necessarily voluntary. Companies don’t require employees to join the programs, but they do have penalties for those that do not enroll–which is essentially making it mandatory. Smokers are often subjected to biometric screening, which is a saliva swab, that verifies if they are actual tobacco users.

Since smokers aren’t a protected class, they also may face employment discrimination for simply being a smoker. Currently, there are 21 states that impose bans on smokers; these bans and policies are typically used by hospitals, but the trend is growing in other fields. There are, however, 29 states and the District of Columbia that have rights and protections for smokers.

Although companies and employers want a healthier workforce, some of their tactics seem to cross a line. Many people may not really care or be outraged about smoking bans, but the sentiment may eventually change if an employer pulls out a scale or requests information about your weight and eating habits at an interview.