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Mass. Employee Sues Firm for Firing Him Because He Smoked

East News • December 4, 2006
A 30-year-old Massachusetts man who has smoked for more than a decade filed a lawsuit last week against The Scotts Co., alleging the lawn and garden company violated his privacy and civil rights ...

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Subject: Protected Class?

Posted On: December 11, 2006, 11:20 am CST
Posted By: Cut the Crap
Comment:
Look, I agree with this being a slippery slope. However, the company clearly implemented a policy banning users of nicotine-not using nicotine on the job. This guy obviously signed something or otherwise affirmed that he wasn't using nicotine and he lied. Now he got caught and it's an invasion of his privacy. Because of liars like him, the company has to verify if they're being told the truth. Smokers/users of nicotine are not a protected class so you can fire 'em if you want to. It would be a whole heck of a lot smarter just to charge him a higher premium and get on with it, but the company has the right to do what they did. Comparing smoking to eating chocolate is stupid. Comparing it to obesity is certainly a better comparison and does beg the question where does this end, but at some point I'd think obesity becomes a covered medical condition under ADA-"smoking" isn't.
Subject Posted By Posted On
RE: Protected Class? Retro Man
Dec 11, 2006, 12:10 pm
Fired Smoker smoking employee
Dec 11, 2006, 11:48 am
Protected Class? Cut the Crap
Dec 11, 2006, 11:20 am
RE: RE: Privacy At Work Retro Man
Dec 11, 2006, 10:51 am
RE: Privacy At Work john
Dec 11, 2006, 10:15 am
RE: Scotts Flamable Chemicals - DUH!!! NO SMOKING AT WORK
Dec 5, 2006, 12:49 pm
Privacy At Work Compman
Dec 5, 2006, 11:14 am
Scotts Flamable Chemicals - DUH!!! Age Old
Dec 5, 2006, 10:51 am
RE: RE: How deep do you want your employer to dig? BJH
Dec 5, 2006, 8:02 am
Re: Fired Smoker Smoker with a Choice
Dec 5, 2006, 7:27 am
RE: RE: fired smoker Jim
Dec 4, 2006, 4:52 pm
RE: fired smoker KS
Dec 4, 2006, 3:31 pm
RE: fired smoker Sean
Dec 4, 2006, 3:11 pm
RE: fired smoker #2 KLS
Dec 4, 2006, 2:28 pm
fired smoker #2 bob
Dec 4, 2006, 2:03 pm
RE: RE: How deep do you want your employer to dig? KLS
Dec 4, 2006, 1:46 pm
RE: RE: How deep do you want your employer to dig? Compman
Dec 4, 2006, 1:37 pm
RE: How deep do you want your employer to dig? jay
Dec 4, 2006, 1:30 pm
RE: How deep do you want your employer to dig? WhoDat
Dec 4, 2006, 1:23 pm
How deep do you want your employer to dig? KLS
Dec 4, 2006, 1:18 pm
RE: RE: fired smoker WhoDat
Dec 4, 2006, 1:10 pm
RE: fired smoker Compman
Dec 4, 2006, 12:58 pm
fired smoker bob
Dec 4, 2006, 12:49 pm
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