You know, as far as the relative productivity of smokers vs. non-smokers goes, I’ve usually found smokers to be as productive if not more so. They’re always busting their humps to get the job far enough ahead of schedule that they can go grab a smoke. Addiction can be a wonderful incentive.
I personally think that if you can’t refuse to hire someone based on family obligations that reduce their productivity, you shouldn’t be allowed to refuse them based on personal habits. After all, having kids is a personal choice that costs business a lot of money every year in additional sick days and family leave, but no one dares make a peep about that. Hey, if employee #1 can stay home with his sick kid, and leave early a few days a week to go to Little League games, why shouldn’t employee #2 be able to be sick himself a little more often and stop for 5 minutes once in a while to smoke? How is 1 any more cost-effective than 2?