This is by ANY & ALL means nothing short of reprehensible, repugnant, blatant discrimination! & should therefore be ILLEGAL!!!
I understand testing for illegal substances & denial of employment based on that but tobacco??? WTF right does my employer have to tell me what I can & cannot do in the privacy of my own home, on my own time???
I understand that most of the companies that condone these practices have won their lawsuits & subsequently "have the right" to do so because they absorb all the costs of their employees insurance premiums. Keep in mind I'm referring to the "legal right" because they sure as hell still do not have the intrinsic right 2 do so.
IMO they may (stress "possibly" NOT "absolutely") have the right to deny u insurance or regulate what u may do on ur break, if remaining on their property or if breaks r paid; however, they should absolutely NOT have the right to regulate what perfectly legal activities u may or may not partake in during the rest of ur life. U do NOT belong to them simply because u r employed by them & this is disgustingly socialist!
I pay taxes... I vote... & I should in no way be denied a job that I am qualified for simply because of which particular LEGAL vice I choose to succumb to in my own privacy & right!!! We need to stand up for our rights b4 we lose even the right to do that!!!