Friday, August 29, 2008

Clearly reaching the levels of just plain NUTS!

The Rest of the Story

While policies that deny employment to smokers are generally legal, the requirement Sarasota is imposing on new hires - that they submit to an invasive medical test to determine their cotinine level - represents an unwarranted invasion of privacy that just may prove to violate state right-to-privacy laws.

As I reported, A U.S. District Court judge for the District of Massachusetts ruled earlier this year that there are sufficient legal grounds for a lawsuit filed by a smoker against The Scotts Company to proceed based on the contention that the company violated the Massachusetts right-to-privacy statute. The plaintiff - Scott Rodrigues of Bourne, Massachusetts - was fired by Scotts after failing a urine cotinine test.The District Court ruled that there are sufficient grounds to proceed with the case to determine whether Rodrigues' firing violated Massachusetts privacy law.