This is really disheartening and makes me VERY glad I am a member of a labor union that protects me from such reprehensible practices.This has been discussed before and this kind of "discrimination" has indeed been challenged and smokers LOST in a Miami courtroom. Eliminating smokers from a specific workplace is legal. The county north of mine will not hire anyone for any position who has smoked or used nicotine in the past year. It shows up as cotinine in urine tests.
You have cotinine? You don't have a job. Since it's a test for nicotine, not tobacco, an e-smoker will be unemployable, as well as the pack-a-day Marlboro dude.
DW