Mercer Select US - Terminated smoker's privacy and ERISA claims dismissed

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Terminated smoker's privacy and ERISA claims dismissed

The ERISA and state privacy claims of a smoker fired for violating an employer's no-nicotine policy have no merit, a Massachusetts district court has ruled. Since the employer conditioned its job offer on a clean drug screening, the worker's positive nicotine test meant he never became an employee with ERISA rights as a health plan participant, the court found. In rejecting the state privacy claims, the court noted that the worker made no attempt to keep his smoking private. Unlike other states, Massachusetts does not bar employment bias based on lawful conduct outside of work. (Select News, 3 Sep 2009)

Full text of district court's decision in Rodrigues v. EG Systems (23 Jul 2009) (PDF)

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