Howard Weyers, president of Weyco Inc., made headlines when he initiated a policy that prohibits his employees from smoking whether they are at the office or at home. Last January, employees were required to submit to a breathalyzer test that detects nicotine levels. At the time, four employees at the company refused to participate and resigned.

The smoking ban doesn't break any laws in Michigan, where the company is located. However, lawyers say that testing workers randomly constitutes a "medical exam," which is regulated by the Equal Employment Opportunity Council, and can only be administered if the testing is job-related and a business necessity. Additionally, lawyers say the policy violates provisions of the Americans with Disabilities Act.

On the other side, Weyers notes that smoking-related illnesses account for 800,000 U.S. deaths annually and cost businesses billions of dollars in medical expenses and lost productivity. He maintains the one-time testing was neither a medical exam nor random since participants were provided advanced notice. As for the ADA charge, Weyers disagrees that nicotine addiction qualifies as a disability, and therefore feels his company has not violated any provisions. However, the EEOC says the issue is not whether nicotine addiction is a disability, but whether the company violated the ADA provision that limits medical exams.