Excerpt: A case involving a prospective employee who was not hired after he tested positive for nicotine will have only marginal impact on the types of wellness plan incentives employers use to encourage healthier behaviors, though it does highlight areas that require caution, benefits experts say. A U.S. District Court judge in Boston on July 23 dismissed a lawsuit that was filed by Scott Rodrigues in 2006 against Scotts Co. L.L.C. when the Marysville, Ohio-based lawn and garden product maker rescinded an employment offer contingent on a drug test that found nicotine in his urine, a violation of company policy barring employees from smoking on or off the job. In his suit, Mr. Rodrigues charged that the company violated his right to privacy as well as the Employee Retirement Income Security Act, which protects workers' rights to employee benefits.

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