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"Administration said they did not want any one who smokes to be hired. FYI "
Well, can you blame them - if they are offering benefits like a group plan for health insurance - no benefits administrator in their right mind wants a lot of cigarette smokers enrolled.
Even though ACA removed pre-existing conditions for individuals applying for insurance the insurers are still allowed to ask "do you smoke cigarettes" and charge you higher if you answer "yes."
All other things being equal, if an employer has two applicants to choose from, and each has identical qualifications, experience, and education for the position, can you really blame them for choosing the non-smoker over the smoker? Isn't that the intelligent decision?
Let's be clear. It is illegal for an employer to ask for age or d.o.b. on the initial form. Once the applicant has passed the initial stage and the employer is requesting additional personal information that can be used for a criminal check, credit check, etc. it must be stated so in writing that is the purpose and the reason for the use of the personal information.
I can't believe the OP is correct the Q was stated on the application as "Are you over 40?"
Are you sure it wasn't are you available to work "over 40" hours. Or, are you able to lift "over 40 lbs, or somesuch. ?
Target may be engaging in discriminatory hiring practices. But they aren't so dumb to leave it out in the open like that.
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