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?
a. smoking is a perfectly legal activity and Better Health cannot discriminate against Jim. or others, for engaging in legal behavior.
b. jim will lose under a disability discrimination wuit if smoking is deemed to be an addiction protected by the Americans with Disabilities Act.
c. Jim will likely lose because smoking is not a protected class under the federal discrimination laws.
d. Employers are not alloed to control employee’s behavior off the job and jim will win a discrimination lawsuit.
Answer
c. Jim will likely lose because smoking is not a protected class under the federal discrimination laws.
The federal discrimination laws ensures there is no discrimination against applicants and employees on the basis of race, color, religion, sex, and national origin. This therefore shows why a smoker is not among the protected classes and Jim will definitely lose the case
Explanation
Since already there was a rule that no one should smoke whether on or off the job, and Jim went ahead and smoke this means that even after filing an appeal, still he will lose and will end up being fired because there is no protection offered by the feral law to those who have any kind of an addiction. In other words, the federal discrimination laws ensures there is no discrimination against applicants and employees on the basis of race, color, religion, sex, and national origin. This therefore shows why a smoker is not among the protected classes and Jim will definitely lose the case
