It's not a matter of losing rights, if anything there are a number of arguments that can be made that such a policy is in the service of public policy. Over time, changes in smoking policies have had a positive impact on public health and other areas such as employee productivity. Many things may be legal but not appropriate at work. What you frequently find is that people who smoke think they have more rights than non smokers. Who is doing their work or taking their calls when they are on their smoking break? It takes 9 minutes to take a smoke break, how often are these taken or doubled up on? Do the math. Smoke is not limited to the small area near the smokers, most are still exhaling smoke while entereing the building and still on their clothes.