Speaking here as an ex-CNNer: Yes, they can. And they do. But not in New York, where it is indeed illegal to force workers to adhere to certain restrictions off the job. So instead, upon hiring you have to sign a document stating that if New York ever repeals that law, you agree to quit smoking.
Then everyone goes to the neat little patio on top of the building (24 stories, woo!) and smokes their butts off.
posted by aaron at 10:38 AM on April 27, 2001
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[Caution: Last link includes pr0n - for those with the ability to overlook the obvious]
posted by CRS at 6:53 AM on April 27, 2001