Tobacco Documents Online

KEY INDIVIDUALS AND ORGANIZATIONS INVOLVED IN THE DEBATE ON REGULATION OF OFF-HOURS ACTIVITIES The following is a list of individuals and organizations that have expressed interest or have involved themselves in issues that may impact upon the regulation of off-hours activities, perhaps induding smoking. This list includes a variety of groups and individuals, from privacy scholars and experts on drug testing in the workplace to representatives from the National Association of Manufacturers and a Director of Labor Law at the Chamber of Commerce. From their unique perches, they may all one day have input into the formation of guidelines and legislation on employer regulation of smoking during offf hours. CONGRESS AND PRIVACY Sumnturv The thrust of remarks by key committee staff members is that Congress will probably evaluate and address specific aspects of the privacy issue as they arise. For Congress, it's business as usual. Judiciary Committees The Senate and House Judiciary committees are traditionally more concerned with Fourth Amendment questions, which involve the intrusion of government, not private parties, into the lives of citizens. However, a member of the Senate panel, Sen. Paul Simon, D-IL, is sponsor of a bill that would require telephone monitoring to be preceded by an audible warning tone. This is known as the "beeper bill." Sens. Alan Simpson, R-VVY, Patrick Leahy, D-VT, and Simon are sponsors of a bill to assure privacy of a citizen's home video rental records. Their bill is a response to the publicizing of video rental records of Judge Bork and Colonel North during their appearances before Congressional hearings. A House Judiciary staff member says there is a possibility that the telephone monitoring bill may be expanded to indude provisions on computer security. The House panel will have a new chairman next year. Rep. Jack. Brooks, D-TX, succeeds Rep. Peter Rodino, D-NJ, who is retiring. Brooks, as chairman of the Government Operations Committee, was fond of staging hear- ings,,Arith all the news media trappings, including leaks in advance of titillating investigative information and loud, angry lecturing of witnesses, who were usually senior industry execu- tives.

Labor Commi#fees The Senate and House labor committees are more concerned than the judiciary commit- tees with labor-management issues. The Senate labor committee took the lead on polygraph legislation. The committee action was driven by a concern for accuracy in lie detector test results, and that is the committee's general concern on drug testing. Staff members are studying the possibilities of mandating more accurate drug test procedures and laboratory standards.

THIRD-PARTY ALLIES Organization Allies A third-party ally program can build and sustain support for the issue from among diverse, influential, national, special interest groups. Such groups can be educated and motivated to act in support of the issue based on their commitment to action on behalf of their members and constituents. Moreover, these groups, in turn, become channels by which broader segments of the public can be educated and mobilized to support the issue. This approach yields powerful evidence of broad public interest and support and dramati- cally underscores the implications of the issue for a large and diverse cross section of the American public. Such widespread support broadens the issue beyond what might otherwise be viewed politically as a single industry or single interest issue. In effect, it raises the political price placed on an elected official's position. The third-party lobby can operate in a variety of ways, including coalitions, grass-roots programs, public forums, by-lined articles, testimony, or direct contact with elected officials by representatives of participating third-party national groups. The following national constituencies have a clear and compelling stake in the privacy issue: o Women o Ethnics o Blacks o Civil Libertarians o Consumer Groups o Organized Labor o Professional and Trade Groups o Hobbyists o Older Worker Advocates o Associations representing individuals with disabilities o First Amendment proponents Identified below are examples of leading national groups within each category, which we believe are potential allies. These organizations are the types that could be targeted in this ally program. There are a wide variety of national associations and groups representing the interests of each of these constituencies. Describing his committee members' stance, a Senate staff member said if the panel was to receive complaints about employer surveillance of the employees after work, the committee would probably act. He also brought up genetic testing, saying the committee would

probably act if employers sought to screen employees on the basis of their genes. Such a test is discrimination against the handicapped, he said. On the House side, a labor committee staff member says there is concern about accuracy in drug testing, but no consensus except that government testing would have to be addressed before moving on to drug testing in the private sector. Another House committee staff member says a trend may materialize in which government moves away from privacy issues, settling on the "just cause" approach. This approach would confine a company to firing an employee for only business reasons. Montana is the only state with a just-cause law. The intent of the law is to prohibit em- ployers from firing for whatever reason other than business. Amplifying, a House member says that IBM has a virtual lifestyle code for its employees, violation of which results in their dismissal, and there is no federal law protecting the employee. During the last House session, Rep. Don Edwards, D-CA,was chief sponsor of the beeper bill; Rep. Al McCandless, R CA, the video rental bill; Rep. Charles Schumer, D-NY, two bills, one requiring a second evaluation of positive drug test results, and another applying provisions of the Fair Credit Recording Act to national rental service screening methods. Security would be tightened for disclosure of federal tax, social security and census informa- tion with enactment of a bill offered by Rep. Bill Nelson, D-FL. This year, it remains to be seen if there is the climate for comprehensive action by Con- gress. There is a crazy-quilt of rules, policies, state laws, court and arbitrator decisions upon the land and that situation often is often used as justification for comprehensive federal action. For each constituency, we identify a potential "point of departure" for generating issue support. Specific "hot buttons" to be pressed in stimulating support will be identified for each category and group as we begin our process. Our research to this point has not benefited from direct discussion with the groups to precisely gauge their specific current interests on the privacy issue. More precise messages will emerge and be refined as we begin our discussions with the leadership of each group.

WOMEN Examples: National Organization of Women* Women's Equity Action League* Women's Legal Defense Fund 9 to 5, National Association of Working Women A preliminary point of departure for discussion with women's groups might revolve around employment discrimination against single mothers and pregnant women. ETHNICS Examples: Arab-American Anti-Discrimi.nation Committee B'nai B'rith Anti-Defamation League National Italian American Foundation LULAC* National Council of LaRaza* A point of departure for discussions with ethnic groups would be issues relating to discrimi- nation based on ethnic stereotype. BLACKS Examples: National Urban League* NAACP* National Council of Negro Women* National Conference of Black Mayors* National Black Caucus of State Legislators* Exploratory discussions with national associations representing the interests of Blacks will begin with discussion on racial stereotypes and discrimination. CIVIL LIBERTARIANS Examples: Common Cause People for the American Way* ACLU* Americans for Democratic Action* CATO Institute* A point of departure in our discussions with these groups likely would face the privac y issue head on and explore the issue of big business as Big Brother. * Indicates current/previous Philip Morris support to an organization.

CONSUMER GROUPS Examples: National Consumers League Consumer Federation of America Consumers Union Exploratory discussions with consumer groups might point to the privacy issue as it relates to the potential for consumer advocacy to be threatened and the potential of consumers' credit history to be exploited by employers. ORGANIZED LABOR Examples: AFL-CIO* Air Line Pilots Association, International* Association of Flight Attendants Coalition of Labor Union ofVYomen* United Auto V6rorkers * The point of departure for discussion with unions would likely go directly to workers' rights. (We recognize that labor is being handled at this point by Pete Sparber.) PRCFFESSfQNALSITRADE ASSOCIATIONS Examples: International Association of Firefighters International Association of 'Women Police National Police Officers Association National Education Association American Federation of Government Employees American Nurses' Association American Iibrary Association National Association of Video Distributors Distilled Spirits Council of America The precise messages would relate to each of the group's specific privacy issues, e.g., ofl= the-job behavior, as they relate to potential employer abuse. ~ HOBBYISTS ~ ,'?? Examples: National Rifle Association* (gun owners) ~ International Hot Rod Association (race car drivers), Aircraft Owners and Pilots Association (pilots) ~ ~ ~- Message development with these and other such groups would 1?egin with discussion around off-the-job high risk behavior and the potential for employer discrimination. CD Indicates current/previous Philip Morris support to an organization.

OLDER WORKER ADVOCATES Examples: Older Women's League American Association of Retired Persons National Council on the Aging* National Council of Senior Citizens The privacy issue relates directly to national groups representing the interests of older workers. Age discrimination is a primary concern of these groups. ASSOCIATIONS REPRESENTING INDIVIDUALS WITH DISABILITIES Examples: Epilepsy Foundation of America (epileptics) Cancer Hopefuls United (cancer patients) Council for Understanding Mental Illness (individuals in therapy) National Association of Protection and Advocacy Systems (handicapped) e, Discussions with associations representing individuals with impairments might relate to the potential for discrimination on the part of employers. FIRST AMENDMENT PROPONENTS Examples: Sigma Delta Chi (journalists) American Publishers Association National Newspaper Publishers Association* National Artists Equity Association American Association of Advertising Agencies* Mountain States L,egal Foundation* The discussions with each of these types of groups likely would begin with the issue of encroachment on First Amendment rights. POTENTIAL ALLIESf SPOKESPERSCNS The following men and women are identified as likely candidates, based on a review of their writings and comments to reporters to be approached through third parties as op-ed advo- cates. Some of their remarks are provided to suggest a sense of their thinking and prospects for legislative action. e~: C +.7? ~ American Civil Liberties Union ~ r~? ~ A1_1an Adler ~ Legislative counsel ~ Washington * Indicates current f previous Philip lk-Sorris support to an organization.

He has said that if business is really worried about drug abuse it should be concerned with prescription drug abuse and alcohol, which he says are far more prevalent than illicit drug use. Jerry Berman Director ACLU project on Information Technology and Civil Liberties. Ira Glasser National Director, ACLU "...urine screens are more of a surveillance device for off the-job activity than a test for job performance...Once provided, urine samples may be used to reveal other details of one's private life. Urinalysis can disclose whether an employee or job applicant is being treated for a heart condition, depression, epilepsy, diabetes or asthma. "People have been fired, or not hired, when the employer finds out about such condi- tions..." Lawyers and Academics Randy E. Barnett Professor of law Chicago-Kent College of Law George Mason University Allan C. Carlson President Rock-ford Institute "There is a great moral divide between Gary Hart's liaison with Donna Rice and Pat Robertson's attempt to protect the secret of his marriage date. The former is a stupid, sordid matter; the latter, an understandable, forgivable attempt to protect one's wife and children from the consequences of a youthful indiscretion. The relevant question, perhaps, is whether the press is still able to tell the diflerence." Robert B. Fitzpatrick Lawyer, NN'ashington, DC Represents cosnpanies and employees. "(Privacy) is an area of legal uncertainty. In a lot of states the law is in flux, and it is un- clear what the rules are any longer."

JoAnne Frankfurt, Chris Redburn Employment Law Center, San Francisco William B. Gould Professor, labor law Stanford "The idea that the employment relationship cannot be regulated will never be with us again. In some form or another, we're going to have regulation." Carl F.H. Henry Author, founding editor of Christianity Today David Herold Director, Center for Work Performance Problems Georgia Institute of Technology. Ernest W. Lefever Ethics and Public Policy Center Gary Marx Professor, Sociology Massachusetts Institute of Technology "The trajectory is moving toward the all-seeing society, rather than away from it" Burt Neuborne Professor of law New York University Former national director, ACLU "The competing values are those of autonomy versus equality. The trick is for the court to find a balance that permits the two to coexist, a middle position that respects both beliefs." Cliff Palefsky Lawyer, San Francisco L)efends emplo-vees "I don't think politicians and corporate executives realize how strongly Americans feel about it. It's not a liberal or a conservative issue and the fear of abuse doesn't emanate from personnel policies. It's coming out of the larger, impersonal notion that workers are fungible, expendable items."

Mark A. Rothstein Director Health L.1-w Institute University of Houston IZeported as believing employers eventually will try to implementdenetic testing to help hold down health care costs. "Unless we have some clear indication that employers aren't going to be engaged in screening, legislation may be necessary." Paul Samuels Legal Action Center New York City John Shattuck Vice President Harvard University Teachesprivacy law at Harrard Laurence H. Tribe Professor, constitutional law Harvard Universit~~ "The debate over the outer boundaries of a right to privacy will continue for some time, but the courts have already recognized a core right." Alan F. Westin Professor, Columbia University Has studied interaction of individuals and corporations since the 1950s "I think employers are going to get deeper and deeper into the w-ellness business. This is going to throw a series of profound ethical and legal dilemmas about how they should do it and what we don't want them to do." ~ William W. Van Alstyne ~ Professor, constitutional law Duke University ~ ~ "Privacy is a broad fig leaf that covers so many things that often have little in common, ~`s? making it difficult to generalize." ~ ~