Plant Services - May 2008 - (Page 63) legislation, so John is unlikely to achieve victory as a victim of a civil rights violation. Similarly, his invasion of privacy claim lacks merit. John wasn’t forced to provide urine samples. Providing a monthly sample merely constituted a condition of employment. He was free to deny Acme its sample and walk away from his job. However, some states have laws that prohibit employers from discharging or in any other way discriminating against employees because of their use of lawful products outside the workplace. These laws protect not only smokers but other employees engaging in lawful but perhaps unhealthy behavior off-duty – overeaters, nail biters and bulimics, for example. If Acme were located in a state that had such a law, John would prevail in court. Most employers, like Acme, face burgeoning healthcare costs. Many believe that smokers contribute significantly to the escalating cost of medical care for the nation’s workers. Some companies have attacked the problem by requiring smokers to pay a higher share of the cost of their group medical coverage than non-smokers. But that, too, poses a problem under some laws that govern employee benefits. Those laws permit employers to charge employees reduced healthcare premiums based on activities they undertake to improve their health, such as diet, exercise, and smoking-cessation programs. That would have been the preferred approach for Acme. But apart from those states that prohibit Acme from discriminating against employees who indulge in undesirable, although legal, activities outside the workplace, Acme was free to impose any conditions it wished on its workforce, as long as those conditions contravened no other law. May 2008 Whether that might be the wisest course of action is subject to debate. Would Acme, for example, reject a perfect candidate for a long-unfilled CFO slot merely because the candidate is a smoker? Julie Badel, partner Epstein Becker & Green, P.C (312) 499-1418 jbadel@ebglaw.com PE SAMabLlsafe.com .l e www FREEKIT Grease Protection NEW Grease Fitting Protector Innovative design allows easy removal. Available in 10 colors for color-coding and includes a label recess for enhanced identification. TM Protect grease fittings from contamination and ensure the right grease is applied to the right machine. Visit www.labelsafe.com and order a FREE SAMPLE KIT today. Made in the U.S.A. www.labelsafe.com © 2008, Reliability Brands, LLC. All Trademarks are the property of Reliability Brands, LLC. Patents Pending. www.PLANTSERVICES.com 63 http://www.labelsafe.com http://www.labelsafe.com http://www.labelsafe.com http://www.PLANTSERVICES.com
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