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In the private milleu, there are no "rights" per se. A business can impose pretty much any draconian rules it wants so long as those rules do not violate laws (such as working hours, safety and health, etc.) and they are imposed on all employees equally. I have heard of some companies that in fact don't allow employees to smoke, even when not on company time and/or property. Remember: the Constitution of the US only recognizes 2 entities: Government and Individuals. Businesses are not in play when talking about "rights." Many Americans are confused about this and are very quick to talk about "their rights!" What they mean is "it isn't fair." Well, the Constitution is silent on making life fair. If you don't like the rules, don't work for the company.

well OK...if it isn't FAIR to be around smokers and they do something about it then it is also FAIR to make a place for the smokers. As for a company telling me or anyone else I cannot smoke away from my company...they can say it but they can't stop it. By the way like I said I am not a smoker but I will defend their rights to smoke and it IS their right to smoke if they so choose.