Kinda. For the state I live in, it is believed that if it's just for "image" appeal it may not be considered a privacy concern [0]. So if you worked for QuitGenius in TX and part of their image is non-smoking, they may have such a requirement. But for affecting insurance premiums, nope (federal HIPAA violation). I think this is reasonable. Other states have laws that don't allow the employer to restrict off-duty legal activities. I personally appreciate Texas's approach to employer freedom until it becomes a problem. They take the same approach towards municipalities wrt smoking laws (i.e. statewide ban in many types of public places that were a problem then defer to local voters for others).
