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"If you're a smoker whose goal is to become a police officer,
you need not apply in Henrico County - unless you can kick the habit"
(Mark Bowles, Richmond Times-Dispatch, June 20, 1998).
"In a move officials say is the first step in making the Henrico
Division of Police a smoke-free agency, police recruits now are required
to sign a form that says they won't use any tobacco products on or off
the job. The newest members of Henrico's finest must agree not to smoke
at all, even in the privacy of their homes. An it's all perfectly legal"
(Mark Bowles, Richmond Times-Dispatch, June 20, 1998).
"The no-smoking policy, wheich went into effect Jan. 1 and affects
27 recruits now in training, is being touted as a means to keep Henrico's
police force fit. But the Virginia Chapter of the American Civil Liberties
Union sees it as part of a growing and disturbing trend known as 'lifestyle
discrimination'" (Mark Bowles, Richmond Times-Dispatch, June 20,
1998).
"Employers, whether they're public or private, are reaching beyond
the workplace to control the lives of employees in ways that they think
will make them better employees,' said Kent Willis, executive director
of the Virginia ACLU. 'The problem with that is that there isn't any law
right now that prevents employers from doing this, as long as they don't
violate the federal laws that prevent [them] from discriminating on the
basis of race, religion, national origin and sex'" (Mark Bowles,
Richmond Times-Dispatch, June 20, 1998).
"'And the argument we would make,' he added, ' is that an employer
should not in any way determine the lifestyle of individuals outside of
work, so long as the activities they're engaged in are legal.' Willis said
he has encountered situations in which employers have forced their employees
to agree not to engage in such 'dangerous' activities as water-skiing,
rock climbing and all-terrain vehicle driving. 'The trend is for employers,
more so than ever in the past, to attempt to dictate the lifestyle of employees,'
Willis said. 'And the question is, where does it stop?'" (Mark
Bowles, Richmond Times-Dispatch, June 20, 1998).
"Henrico is one of only a handful of law enforcement agencies
in Virginia to implement no-smoking policies for employees. Virginia Beach
and Fairfax County police are others ... State law says no employee of
a local government can be forced to abstain from smoking or using tobacco
products off the job, except for public safety personnel" (Mark
Bowles, Richmond Times-Dispatch, June 20, 1998).
"Of the 27 police recruits in training, (Henrico police Chief
Henry W.) Stanley said three or four were smokers but all have agreed to
quit. Recruits who break their promise, now or in the future, will face
disciplinary measures and possible termination. But Stanley said officials
will be understanding. 'Basically, I would not fire someboyd today for
that,' the chief said. 'But there would be gradual discipline, and we'll
give them the opportunity to break the habit. But if they don't, [the rules
are] spelled out.' As the ACLU's Willis noted, 'There's no constitutional
right to smoke'" (Mark Bowles, Richmond Times-Dispatch, June 20,
1998).
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