Legal Question in Legal Ethics in Florida

If your workplace requires all employees to be non-smokers as a condition of employment, they may have the right to do this.

Smokers are not a protected class, but off duty activities rarely fall under the authority of your employer. Keep in mind that most employees are "at will" employees and if you come back after lunch, and your breath, clothes, and hair all stink like an ashtray, and this bothers the other workers, or clients, or customers, or guests, or patients, or whoever has to be near you, this may be a valid reason for your employer to let you go.