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You're FIRED...for smoking


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Full story here...

http://www.detnews.com/2005/metro/0501/27/A01-71823.htm

Workers fume as firms ban smoking at home

Mich. firms prohibit cigarette use, even off the job, angering privacy advocates.

Already hard hit by high taxes on cigarettes and limits on places to puff, smokers in Michigan now face moves by some employers to either refuse to hire them, or in one case, to fire those who won't quit.

The decision by Okemos-based Weyco Inc. to terminate workers drew national attention Wednesday and immediately raised the issues of what other personal behaviors employers may seek to limit, even outside the workplace.

"The problem I have is that smokers already pay a lot of taxes, so we are already paying enough for this," said Julie McAllister, 44, of Northville. "A lot of people have quit and have gained weight because of that. So what's next, a policy that says you can't hire overweight people?"

The American Civil Liberties Union of Michigan has decided not to challenge the move by Weyco, a medical benefits administrator, because there is no state law prohibiting employers from controlling behavior outside the workplace, said ACLU spokeswoman Wendy Wagenheim.

"At least two dozen other states prevent lifestyle discrimination, and that's possible in Michigan as well if people are concerned about their privacy, as well they should be," she said.

"To think a company is trying to control off-site behavior when it doesn't affect their job will really bring people out in real numbers to address what's happening to privacy in this country."

Linda Goldberg, a lawyer with the Miller Canfield law firm in Ann Arbor, said state and federal civil rights laws prevent discrimination based on age, race, color, gender, marital status, national origin, weight, height and religion.

"An employer is free to hire on the basis of what it considers is desirable traits, skills, characteristics and so forth, provided they don't violate the law," Goldberg said.

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