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