Privacy Law

'Hostile Makeover' Pits Employer Against Employee Concerning Unhealthy Habits

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Two hospitals in Florida are part of a “hostile makeover” workplace trend: They are requiring job applicants to take a nicotine test, in order to screen out any who smoke, writes columnist Beth Kassab in the Orlando Sentinel.

A majority of states ban such employer intrusion into a worker’s off-the-job smoking, but Florida is not among them, she says.

In recent years, an investment bank on the cutting edge of the approach even required workers to participate in three-times-a-week yoga, she continues, citing a National Law Journal article.

And, while other health issues, such as obesity, could possibly fall within the protection of the Americans with Disabilities Act, a growing number of employers are getting around such legal—and privacy—concerns by enticing employees to volunteer for workplace wellness programs in order to qualify for lower-cost medical benefits.

“Employers may view prying into their workers lives as a necessary evil because of escalating health costs,” writes Kassab. “But too much control over what employees do in their off hours will leave many with a sick feeling.”

Related coverage:

ABA Journal: “The Boss is Watching”

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