I know that.............I was making the distinction between you talking about legitimate bans on certain discriminations as opposed to outside legal activities, such as smoking.
I am not talking about age, race or religion and to compare them with not hiring smokers is mixing apples and oranges.
I don't want to take the right to not hire smokers away from an employer, because that also means another employer can decide to ONLY hire smokers. This does work both ways.
If a company bans smoking at work ... fine. The company I work for already has that in place. What i do at 5:05 is MY business not my company's.
My point is that if they can make this decision, where does it stop? Can they tell me that I can't watch TV because it will rot my brain? I can't play hockey because it's dangerous? I can't have sex a woman because, for all they know she may be a filthy slut, and I can be subjected to AIDS?