house mouse wrote:
All those activities you listed are criminal offenses.
Although having four alcohol drinks during a work break isn't a crime, employers aren't in the business of law enforcement, as that's the responsibility of police and prosecutors.
When employers suspend or terminate employees (or refuse to hire job applicants) who have been convicted of crimes (or even charged with a criminal offense), those decisions are made for the sole benefit of the employer.
Some/many employers hire and/or continue to employee people who have been convicted of crimes, but won't hire and/or won't continue to employee people who engage in various legal activities off the job.
For example, the New England Patriots hired Aaron Hernandez despite his criminal past, but they would never had drafted/hired him and/or they would have fired Hernandez if he had gained 100 pounds (off the job) and could no longer perform his physically intense duties as a Tight End. The Patriots only fired Hernandez after he was charged with murder because it was in the best interests of the football team.
Many employers don't hire obese workers (and/or will fire obese employees) including professional sports teams, horse racing jockeys, health and fitness centers, weight loss centers, modeling agencies, farming, construction, bicycle delivery services, dance schools, strip clubs, massage parlors, and many other employers who believe that obesity interfere's with job performance.
My point is that, as long as employers don't violate laws that prohibit certain types of employment discrimination (i.e. race, religion, ethnicity, sex), employers have the legal right to freely negotiate the terms and conditions of employment with job applicants and current employees, and employers routinely discriminate on specific job skills that they consider desirable/necessary for job applicants and employees.
After aggressive lobbying by cigarette companies back in the 1980's and 1990's, about half of the states enacted laws that prohibit some employers from certain types of employment discrimination based upon smoking status,
tobacco use status, use of a legal product, or engaging in legal activities off the job.
Many employers don't hire smokers. I support those policies if/when warranted. For example, smoking cessation service providers, coal mining companies, fire/EMT/police departments shouldn't be forced to hire smokers, although each for a very different reasons.
Regardless, those who believe that all employers should be forced (by law) to hire smokers, obese people, alcoholics, etc. for all jobs, they are free to urge their state legislature to do so.
You'll even get support from labor unions, labor union Democrats, ACLU,
tobacco, alcohol and/or food industries.
But you'll get opposition from the National Federal of Independent Businesses (NFIB), Chambers of Commerce, pro business Republicans, and probably the entire Republican caucus.
