http://www.cbsnews.com/stories/2006/11/30/national/main2218378.shtml Fired Smoker Sues Ex-Employer Man Says Company Violated Rights By Firing Him Because He Smokes BOSTON, Nov. 30, 2006 (AP) A man has sued his former employer, saying it violated his privacy and civil rights when it fired him because he smokes cigarettes. Scott Rodrigues, 30, says he was fired from a lawn-care job he had for several weeks at The Scotts Co. after a drug test came up positive for nicotine. He said he wasn't told he would be tested for the substance and was told the company would help him quit. Rodrigues' lawsuit, filed in Suffolk Superior Court, claims the company violated his rights under a state privacy law barring unreasonable, substantial or serious interference of privacy, and under other state law. The lawsuit seeks unspecified damages and lawyer's fees. "In more general terms, this case challenges the right of an employer to control employees' personal lives and activities by prohibiting legal private conduct the employer finds to be dangerous, distasteful or disagreeable," the lawsuit said.