“The statute explicitly says employers cannot punish employees for smoking off the job. “
And the fact of the matter is that at this moment, you are not an employee of the company. Therefore, the company is not breaking the law.
This is the statute. I may be reading it wrong, but it sure looks like they are breaking the law. Especially since I said I was willing to not smoke at work or wear clothes that I have smoked in while wearing.
659A.315 Restricting use of tobacco in nonworking hours prohibited; exceptions. (1) It is an unlawful employment practice for any employer to require, as a condition of employment, that any employee or prospective employee refrain from using lawful tobacco products during nonworking hours, except when the restriction relates to a bona fide occupational requirement.
(2) Subsection (1) of this section does not apply if an applicable collective bargaining agreement prohibits off-duty use of tobacco products. [Formerly 659.380; 2005 c.199 §3]