DALLAS (KRLD) - Starting Feb. 1, the Phoenix-based company will no longer hire employees who smoke or vape. They will also start testing applicants for nicotine. Amarillo employment attorney Vicki Wilmarth says that sort of testing is perfectly legal in 21 states, including Texas.
"We don't pass a lot of laws in this state to protect anyone, frankly. And Texas has a very business-friendly political climate. So businesses are allowed to do things in Texas that they're not necessarily allowed to in other states."
She says 29 states and the District of Columbia "have laws either says the employer cannot discriminate against a smoker or they have more broad laws like Colorado, where it says employers can't regulate off-duty conduct at all."
A press release from the Phoenix-based company reads "This policy furthers the progression of U-Haul to establish one of the healthiest corporate cultures in the U.S. and Canada. "
Wilmarth says there's a big distinction between U-Haul and many other employers.
"The difference you see with U-Haul is they seem to be using a stick instead of a carrot. Other employers like Amarillo Independent School District will give you a discount, will give you a discount on your health insurance rates if you don't smoke."