A Boston-area man has filed a civil rights lawsuit against The Scotts Company, a lawn care giant, which fired him after a drug test showed nicotine in his urine, putting him in violation of a company policy forbidding employees to smoke on or off the job. The suit is believed to be the first in the state brought by an employee who was terminated for engaging in legal activities away from the workplace. Scotts announced last year that it would no longer employ smokers, a policy company officials said was motivated by a desire to improve employee wellness and drive down healthcare costs. But some say the policy is a violation of privacy rights, and could be used to mask age discrimination or other illegal behavior.
See "Mass. smoker sues over firing", Boston Globe Business Team, The Boston Globe, November 30, 2006