Smokers often pay higher health insurance premiums. Could your job be next? Employers currently pay 70% of healthcare costs. With healthcare costs soaring, some employers may look to cut those whose habits are raising the bills. Lifestyle choices especially smoking and over eating can cause the development of expensive diseases, which contribute to healthcare costs. Some estimates say these lifestyle choices account for 75% of healthcare spending. Costs for smokers are about 40% higher and they have a higher absentee rate. Some estimates put the cost in dollars at $100 billion. So it may be understandable that employers look to shed these more expensive employees from payrolls. It may be legal for them to do so in some states and under some circumstances. Smokers are not a protected group under federal law. Employer smoking bans are subject to state law. About 20 states do not allow employers to take action against employees. Right to work states like Wisconsin allow it. In these states an employer might be able to refuse to hire a smoker or could fire someone who refuses to stop. It remains to be seen if this can be extended to other lifestyle choice areas. Obesity may be covered as a disability under the Americans with Disability Act. We will see in the future how this situation unfolds.