AIDS isn't the result of a voluntary activity? Injuries from sports performed outside the workplace? What about speeders? People that paint are inhaling carcinogens too? If you fill up your car yourself, you are getting your Threshhold Limit Value of benzene and MTBE for the day - and that's voluntary.
So is living under powerlines. New car smell isn't good for you either (sublimating esthers from plastics).
This is stupid. Were I buying stuff from this guy, I'd whack him for flatulating in the wrong key, and then I'd light up a Cohiba.
That's not the issue. Continuing to have AIDS after you get it is not voluntary. Continuing to smoke is. That's why AIDS is covered by the ADA, but smoking isn't.
This is stupid.
I agree, but this employer has the right to be stupid.