Employers hiring only non-smokers

They undoubtedly will do so, but that’s not the only way that adjustments can be made. Your figures show that smokers take a couple more sick days annually, on average. If the employer uses the PTO system, as so many do nowadays, that just means you have two less days off to use otherwise.

Now on-the-job smoking breaks I can see as directly affecting performance for obvious reasons, but that’s not really what we’re discussing here.

You forget that the owner of the company is as much an individual as the employee, and thus has the same right to be free (as possible) from Government interferance as the employee does.

Not being a hard-core libertarian, I agree that the employer has a responsibilty to keep a “safe” workplace- within reason, of course. And, I agree that an employee must be protected from Racial bigotry, thus I don’t agree that the “rights of the employer” extends to “not hiring blacks”.

However, I agree that if the employer makes demands that the emplyee feels are unreasonable, the employee has every right to leave and find employement elsewhere.

I take your point, but hold that this notion almost invariably gives the company immensely more lattitude than it does the individual employee. After all, if you work for General Motors and quit, nothing very earthshaking is going to happen to GM. On the other hand, if that job you had lined up before you quit falls through, then the effect on you and your family could be devastating. Does libertarianism allow for one person, in this case the CEO or owner of the company, to have such far reaching power over so many others? Always keep in mind that I’m objecting to the regulation of off-hours behavior, and not workplace rules.