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not smoking is essential for their business, (and being in a health related industry, I'm sure they can) then I'm sure any judge will find this perfectly legal.
Now, if they're only requiring it for laborers and not white collar employees or vice versa, then that is discrimination and that is not legal. The rule needs to apply to all employees of their company for it to be legit.
To work in a health related industry and to smoke is a slap in the face to the health business employing a smoker. Health and smoking just don't mix. If their health isn't important to these people maybe they should make a career change. I'm sure they can find a job at Phillip Morris where your health isn't such a big deal.
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