“lost time for health reasons”
Not many smokers that I know are out because of illness due to smoking.
The “protected classes” have as much or more likelyhood of being ill. It’s just that the smokers are EVIL!!!/s
That being said, I think any employer should have the right to hire/not hire a person for any reason. Including those in the “protected classes”.
They might not lose days, but I have seen offices where folks huddle around the trash can outside the back door for five or ten minutes every hour and a half.
I wouldn’t ask the question though. It is rare enough these days that you could smell it on the clothes.