[MovementConservative]

...putting him in violation of a company policy forbidding employees to smoke on or off the job....

That's outrageous. Smoking is not illegal and discriminating against someone for smoking at home is crazy. What you do in your private life that doesn't interfere with your ability to do your job should be no employers business.

[Bloody Sam Roberts]

...discriminating against someone for smoking at home is crazy.

Yes it is. But it's not illegal for a private company to do it.