This will not last long. Those smokers will become rich. It's a legal product, used legally.
Those smokers aren't going to become rich off of being fired for refusing to comply with a private companies policy... Only check they can get is Unemployment.
More companies are going to do this... and as much as smokers don't like it, its reality.
There have been companies like this for over a decade. While your point is well taken, what have been the lawsuit results against a private company?
My daughter-in-law had to drop out of the running for a job at Alaska Airlines becuase she smokes. They taka a drug test and if you have smoked in the last six months it is expected to show up. They ask you if you smoke. If you say yes, you are out - no exceptions.
This job was a tremendous opportunity for her and she has discovered just how much smoking can really "cost."
Alaska gets massive reductions in health care costs by not hiring smokers. If only there was a "fast food" test. They'd save even more. 8^>
Doesn't matter. In the US, employment is at will. Unless you have a contract, your employer can fire you for pretty much anything (except illegally discriminatory reasons).
Irrelevant, companies can and do restrict behavior of employees.
I am against smoking but I hope that you are right and that they win. But we are becoming a nation ruled by Corporate Fascism and so I doubt it.
And they can smoke all they want without going to jail, but they don't have the right to employment.
So are mini-skirts but I can fire you for wearing one to work against my dress code
Freedom cuts both ways.