A Boston Legal episode dealt with the issue of personal privacy and it’s entanglement at the workplace. This is one of the few times that I have disagreed with the direction of the case. In this particular case, an employee was given 6 weeks to quit her smoking habit, or she would be fired. The boss was a health nut, and felt that he shouldn’t have to sustain increase in worker health insurance if the reason for that is a personal habit detrimental to health. I agree with the boss, and I would have made the same decision except for one situation, where the employee’s productivity was exceeding any costs incurred by the habit.

Allen’s argument was however that anything we do at home should be our choice. What he neglected was that the effect of the smoking carried over to the workplace. She would smell of smoke for one, and be prone to more health concerns. As a customer who couldn’t stand smoke, I would be bothered if she was my agent. Yeah, I could be assigned another agent who didn’t smoke, but what if that agent was not as good as the first one?

As for the client’s options, she can seek employment elsewhere where her smoking is not an issue.

What you do at home is your private business unless it has an external effect. For example, it’s against the law to drink and drive. Just because you have the right to drink at home in privacy, doesn’t give you the right to drive and be a liability on road. I view smoking in the same light with a lighter intensity. Smoking affects beyond the first person as second-hand smoke has been proven to be carcinogenic, and harmful as well. The disgusting odor is extremely annoying as well. Yes, before you go crazy, this is personal opinion, and so far don’t have the legal right to enforce it. But, it’s coming, sooner or later.

Here is a post about the inspiration for this Boston Legal episode and the issues of legality of the case. ACLU also has a blurb about lifestyle discrimination laws passed in 21 US states.

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