Hospitals have been doing this since 1998 give or take.....
I agree with MU with one exception: A private employer should not be able to tell me what to do when I am not on the clock an I am at home...
Now, you may say they pay a part of the Health Insurance, true, but rather than not hire me because I smoke at home, have smokers pay a larger percentage of the health care coverage.....They already do the same thing with life insurance...
Funny part is, if they just said "We do not hire smokers", I am fine with that. But, when they say "As a condition of employment, you cannot smoke at work OR at home" well, that to me is different. It is saying that they want to and will control what you do, where the previous statement is just that, we o not hire smokers....
Hell, the same principle can be applied to any criteria for a job...BBA required, but what if I have 10 years exp in business and a proven track record in business, what, are they now discriminating against the uneducated? No we just say they are stupid for letting a good employee go....