Michigan Lawmaker Defends Workers' Right to Smoke Off the Job

密歇根立法者保护工人非工作时间吸烟的权利

A state senator in Michigan has taken up the cause of four workers who were fired for smoking -- not on the job, but in the privacy of their own homes.

In response to the worker firings, Senator Virg Bernero says he will introduce legislation in Michigan that would protect workers' rights in particular their pricacy.

Senator Virg Bernero: I want to make a law that says your private life is your private life, that you have the right to engage in legal activities outside the workplace that do not conflict with your job directly, and the company cannot do anything about that.

Senator Virg told NBC's Today show that he was introduced to Bill to protest workers like Anita Epolito, who was recently fired from Michigan company, for refusing to quit smoking.

Senator Bernero: I don't smoke...I don't encourage it at all. The question is, what is fair in America?

The lawmaker told NBC he was overweight: "Is there an employer out there who would find that objectionable?" he asked. "Where do you draw the line?"

In November of 2003, Weyco a private medical benefits company instituted a policy requiring its employees to quit smoking by January first of this year. The company's website states: "Any private Michigan business organization has the right to protect itself from the enormous financial damage that tobacco users inflict upon society by destroying their own health."

Weyco workers were provided with support services to help them quit the nicotine habit, including smoking-cessation classes, medication, even appointments with acupuncturists. According to the company's website, "about a dozen" employees stopped using tobacco by the January 1, 2005 deadline, when mandatory testing for nicotine began.

Anita Epolito is one of four who refused to quit smoking.

Anita Epolito: I didn't think it was a smoking issue. I felt the moment it was announced to me, it was a privacy issue.

Even if the bill Michigan Senator Virg Bernero plans to introduce becomes law, nothing in it would require Weyco to rehire Ms. Epolito and her colleagues.

I am Susan Logue.