I would say banning on-premises smoking is a legitimate employer option. It's the business owner's facility and smoking has some negative consequences for any facility. The employer isn't obligated to allow on-premises smoking simply because some employees are smokers, same as they are not required to allow on-premises consumption of alcohol or porn. Where employer policies toward smoking go way too far, for me, is when they move into the realm of banning all smoking by employees in any location, including the employee's home. In that case, the employer is using a desire for reduced insurance costs as an attempted justification for stripping the employee of what I would regard as a Constitutionally protected liberty. I don't believe Americans should be forced into a position of having to bargain to retain our Constitutional freedoms every time we apply for a job.
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