New legislation is being drafted by State Senator Virg Bernero, legislation that would make it illegal for an employer to fire employees for engaging in legal activities, like smoking, outside of the workplace.

It stems from Okemos based Weyco Inc. banning smoking. In January Weyco began giving mandatory smoking tests, if an employee tests positive then they're fired. Four female employees say they were fired, Weyco says they signed a waiver admitting they were smokers in turn dismissing themselves from the company. Three employees admit signing the waiver, one says she did not.

Bernero hopes to have the legislation introduced in a few weeks.