The plaintiff was hired in May 1993 as a full-time financial services area manager by the defendant company, which had a policy of not hiring smokers.  Sherer quit smoking after he learned of the company’s policy and signed a statement regarding that policy.  However, he resumed smoking within days after signing the document.  He states that he never smoked at the workplace.  He was terminated in June 1993 and filed suit on February 7, 1994, alleging that “it is a discriminatory and unfair labor practice for an employer to terminate the employment of an employee due to that employee’s engagement in any lawful activity off the premises of the employer during non-working hours.”  Sherer’s claims also include breach of contract, intentional infliction of emotional distress and punitive damages.  See “Smoker Sues Boulder Firm,” Rocky Mountain News, February 11, 1994, 6A.

CO DC, Boulder Cty., No. 94CV134 (1994).