It's not an employer's business if one takes part in a legal activity outside of work hours.
This is true. However, smokers smoke during the entire day. It is rare to find a smoker who can make it all day without a smoke break. When working with patients who do not want to smell the stench of someone who has just smoked a cigarette, there is a conflict. If the employee can go without smoking all day long, so that they do not smell like an ashtray, then what they do outside of work should not be held against them. However, if they smell like a stale cigarette all day long, they can and should be removed from the workplace. It's the same as having someone come to work who has not taken a shower in a month. It just stinks and it's plain disgusting.
BTW, I just quit smoking five months ago. I now understand how bad that smell really is from those who smoke. When people come inside from break at work, they just wreak of cigarettes. I really don't want to smell that anymore. I don't have an issue with what they do on their own time, whether they smoke or not, or whether they do drugs or not. I just don't want to smell it, and my rights to breath clean fresh air are as important as their rights to do what they want.
So at some point, someone has to draw a line, and since non-smokers outnumber smokers 5 to 1, the non-smokers win.
One last thing while we are on the subject. Quitting was much easier than I ever thought it would be, although I will not say it was a cake walk. For 30 plus years I convinced myself that I actually enjoyed smoking. Yea, right. I really enjoyed inhaling that shit into my lungs. The taste was great too. NOT!!! The worst thing is that the physical addiction is nowhere near as great as people think. It is the mental addiction and the repetitive habit of inhaling smoke into the lungs that is so hard to break. I still will pretend smoke a straw every now and then when something triggers me to want a cigarette, although that is happening less and less as time moves on. Anyway, the argument that people say they enjoy smoking is just an excuse to keep them smoking.
Since I quit smoking five months ago, I also joined a gym and began lifting weights and doing a good deal of cardio plus some running. I spend one hour per day in the gym or outside running, and I take one day off per week. That is less time than I spent smoking 20 cigarettes per day over the last 32 years. I have not gained any weight, and my blood pressure is down to 110/65 with a resting heart rate of 51. I ran a 5K on Thanksgiving when I was only a little over three months out and finished in just under 27 minutes. By next summer, my goal is to be around 20 minutes.
Anyway, sorry for getting off subject, but the truth is that smoking sucks. On top of all the physical benefits from quitting, I'm saving over $150 per month on the smokes, plus my health insurance premiums are going to drop by over $100 per month as soon as I hit six months smoke free which will be next month. My life insurance premiums will also be adjusted downward. So for anyone who smokes, keep telling yourself how much you really enjoy it. If you want to know how I quit, let me know, and I'll be glad to tell you and help you if I can.