[H. Paul Pressler IV]

It is perfectly legal unless you want to make the argument that smoking is a disability and protected by the ADA.

[TheSpottedOwl]

Well okay, but the company makes the argument that smokers run up health care costs disaportionately to non smokers. Being gay is not a disability, but a protected species. They do however contract expensive to treat diseases and illnesses.

What about non smokers who are at risk for diabetes or hypertension? Fired because of genetic heredity?