Not hiring smokers

The ACLU believe that "employers are crossing a line by banning a habit in workers’ private lives that is legal. Indeed, more than half of the states have passed laws prohibiting discrimination against smokers or those who use “lawful products.” Over half the states have passed laws that will not allow the employer to fire you if you smoke on your own time.

"Critics worry that workplaces may eventually crack down on other risky, yet legal, employee behavior, like drinking alcohol, eating fast food or riding motorcycles."