07:03 PM PST on Monday, February 13, 2006

By AKIKO FUJITA / NWCN

SEATTLE - More and more Northwest companies are refusing to hire smokers, but that policy could become illegal if some Washington state legislators have their way.  They're pushing a bill to prevent employers from saying no to smokers. 

State legislators made headlines earlier last month by passing a bill that bans discrimination based on sexual orientation.  Now they want to add smokers to the list.

(AP File Photo)

The Tacoma-Pierce County Health Department says they have not fired any employees under their policy - so far.

 The bill is could get pulled for a vote in the house any day, but Morrell admits other bills will have to take precedence before that happens.  Smoking isn't allowed at the Tacoma-Pierce Dounty Health department.   Light up off the job and you'll be fired.

 "We basically have people sign an affidavit saying that they are smoke-free and coming on board and they will not smoke during their employment," said Vivienne Kemphaus, Tacoma-Pierce County Health Department.  

That policy took affect four years ago.  Smokers already working there were grandfathered in. Forty were lighting up then; today that number's down to 20. 

"The proof is in the pudding there," said Kemphaus. 

The health department isn't the only employer insisting their employees be smoke-free. For years, both Alaska Airlines and Avista Corporation have required applicants take a urine test that can detect a metabolite created when the body processes nicotine. 

Washington State Representative Dawn Morrell wants this practice to stop.  

“This is a personal freedom,” said Rep. Dawn Morrell, (D) Puyallup.  “Something you do on your own on your own time at home." 

Morrell's pushing a bill in Olympia that prevents companies from rejecting or firing smokers. 

"Where are we going to stop, with fat people?" said Morrell. 

Thirty states already have similar laws in place.  But Kris Tefft with the Association of Washington Businesses says the law opens the door to a slew of lawsuits. 

"A smoker may now be able to pile on the idea of well now you've discriminated against me because I'm a smoker," said Morrell. 

There's a bigger concern for employers: health care costs. 

The American Lung Association reports tobacco use costs the nation more than $75 billion a year.   Take away the smoke-free policy and employers say their bottom line could suffer. 

There's about  6,000 companies with smoke-free policies in place nationwide, according to the American Civil Liberties Union.