Tobacco.org

Higher-risk workers need not apply?  

Attorney Susan Lessack said litigation is increasingly being brought against companies for "lifestyle" regulations, which target smokers, overweight individuals -- even extreme sports enthusiasts.

"Employers are paying attention to high risk activities because it affects health insurance claims and costs," Lessack said. "While bans on smoking and other activities are becoming a trend, they are usually violating state privacy statutes."

The Americans with Disabilities Act protects employees from discrimination for physical impairments, which some have argued can include obesity and addiction to nicotine.

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