Lifestyle Discrimination
Off-duty lifestyle is generally treated as private. Weight-based rules can invite discrimination suits (and obesity from a physiological disability may be ADA-covered, though courts split). No federal law protects smokers, but more than half of states limit smoking bans to the workplace, protecting off-duty smoking.
An employee's off-duty lifestyle is generally private unless it harms others or is criminal. Weight rules (the classic flight-attendant example) can invite discrimination suits; the EEOC has obtained settlements where obesity resulted from a physiological disability, though courts have split. A 2013 wellness program required employees to report weight or pay a $600 annual surcharge.
No federal law protects smokers from discrimination. But more than half the states limit smoking bans to the workplace, protecting employees who smoke off-duty/off-premises.