
Quoting
cbg
In NJ, it is illegal to discriminate on the basis of whether or not someone smokes. It is not protected at the Federal level or under the laws of most states; NJ is one of the few exceptions.
However, that does not prohibit the employer from asking; only from taking any adverse action against you because of your answer.
You CAN, LEGALLY, be prohibited from smoking on company time and on company property. And, before you ask, yes, that means even on your break and even in your own car, if that car is parked on company property. And you CAN, LEGALLY, be disciplined for doing so.