. >> but lewis maltby, head of the work rights institute in princeton, new jersey, calls weyco's smoking ban a form of lifestyle discrimination. but he says it's perfectly legal in 20 states. and in most of america, a worker has virtually no rights at all. >> under the law in all but five states in america, your boss can fire you for any reason under the sun, including who you associate with after work, whether you're smoking or drinking in your own home, or a bumper sticker on your car, and you have no legal recourse. >> the boss at weyco says he fired those folk because smoking at home inevitably will cost him more for healthcare. >> the problem is, lots of things increase your healthcare cost-- smoking, drinking, eating junk food, not getting enough sleep, dangerous hobbies, skiing, scuba diving. if you allow employers to regulate private behavior because it's going to affect the company's healthcare cost, we can all kiss our private lives good-bye. [clock ticking] >> you can be penalized for all kinds of off-hour activities. this man says he lost his job because he drank the wrong be