Illinois, which has some of the strictest anti-smoking laws, has instituted the Illinois Right to Privacy, The law states that the workplace cannot legally discriminate against someone for using a lawful product (i.e. tobacco). Under this law they cannot discriminate against people who bungee jump or drink soft-drinks or alcohol.
“The idea behind the law is that an employer shouldn’t be in a position to dictate to people what they do on their own time.”
More and more states are adopting similar laws to protect people from zealots who wish to modify the behavior of the American people. Forces supports these laws and encourage the rest of the states jump aboard.