Question

Better Health, Inc. starts a no smoking policy for employers both on and off the job. Jim, an employee at Better Health, Inc., smoked in his apartment after work and Better Health consequently fired him. Jim sues under federal discrimination laws. What is the likely result?
1) Smoking is a perfectly legal activity and Better Health cannot discriminate against Jim, or others, for engaging in legal behavior
2) Jim will lose under a disability discrimination suit if smoking is deemed to be an addiction protected by the Americans with Disabilities Act.
3) Jim will likely lose because smoking is not a protected class under the federal discrimination laws
4) Employers are not allowed to control employee's behavior off the job and Jim will win a discrimination lawsuit

Answer 1

Answer: Jim will likely lose because smoking is not a protected class under the federal discrimination laws

Explanation:

It should be noted that Federal discrimination laws centers around discrimination against employees or individuals typically on basis of

religion, color, disability, sex, age and race.

The Federal discrimination law didn't specify anything about smoking. Therefore, the employer can make any policy regarding smoking that he wants and thus should be adhered to by the workers.

Therefore, Jim will likely lose because smoking is not a protected class under the federal discrimination laws.