The ACLU believes that, just as legislation has been needed to prevent other violations of civil liberties in the workplace, legislation is also necessary to prevent lifestyle discrimination. Just as federal, state and local laws exist to prohibit employment discrimination based on race, gender, ethnicity, religion and, in some places, sexual preference, new laws are needed to protect against discriminatory practices based on employees' private lifestyle preferences and habits. Fourteen states have recently enacted laws that restrain employers from prohibiting legal activities as a condition of employment. Other states are considering bills that prohibit employment discrimination based on off-duty smoking. The ACLU supports these efforts.
Employers have the right to expect an honest day's work for a day's pay.
They have the right to expect that their workers will not be drunk, drugged, or too fatigued to perform their jobs. They have the right to set performance standards and expect those standards to be met. They also have the right to discipline and dismiss employees for just cause. Even if all the protective laws described in this briefing paper were passed in every state, employers would still retain the right to discipline and dismiss any employee whose job performance was lacking. There is no conflict between free enterprise and civil liberties in the workplace.