Should You Hire Job Candidates with Health Risks?

Every year, your company health insurance costs increase: 15 percent, 20 percent, sometimes even more. And when that job candidate who looked perfect on paper but looks potentially unhealthy in real life comes in the door, it’s natural to worry about what health insurance claims (and associated premium increases) might be lurking in your future.

Overweight and morbidly obese individuals (defined as someone who has a body mass index of 40 or more) can cost employers thousands of dollars per individual per year in missed workdays, insurance claims, and increased premiums. Obese individuals, as well as smokers, women who may become pregnant, or anyone else with a potential health issue, are not a “protected class” under federal anti-discrimination laws. And yet if you ask them about these conditions or potential health problems, you could be setting yourself up for a discrimination lawsuit. The Equal Employment Opportunity Commission specifies that you can’t ask someone their age, weight, height, or whether they smoke, drink, or have a health issue.

 Those with chronic health problems and the morbidly obese are protected under the Americans with Disabilities Act, which means that if you do hire them, you might have to make special accommodations to the employee’s work environment. Smokers per se do not qualify under ADA, but they may develop or have conditions such as heart disease, cancer, or emphysema, which do require accommodations under the law.

 Nonetheless, it’s against the law to discriminate against someone based on looks (just as it is for age and race). Job requirements, however, such as lifting heavy loads or being in the public eye, may disqualify certain candidates from consideration. You may ask candidates if they are able to perform the essential functions of the job with or without reasonable accommodations. Make sure those requirements are detailed in the job description, noting that the job requires lifting 50 pounds, climbing stairs repeatedly, or performing other physical demands, for example. If a heavier candidate is qualified for a job, consider the 90-day probation period to make sure he or she is capable of the duties described in a well-written job description.

And what about the candidate who smells like stale cigarette smoke? You may have a no-smoking policy in the office, but legally you may not ask individuals if they smoke. You can ask if the individual has ever been disciplined for violating company smoking policies. You may set company policies that prohibit smoking on and off duty at your workplace; but check your state statutes before you enforce these policies. Some states have “smokers’ rights” laws on the books that prohibit employers from discriminating against smokers with regard to hiring and other employment policies.

State and federal policies are clear: It’s not OK to discriminate against someone for how they look or what they do in their off hours, so long as it doesn’t have an impact on their work performance. Hire responsibly by knowing your state and federal employment laws.

By Emily Esterson,