i work at a hospital and they put out a memo that said they will no longer higher smokers is that legal?

they can legally discriminate against smokers...Smoking is not an immutable trait...it is not a protected class...

They can discriminate against drinkers, reality tv watchers...whatever...

That isn't discrimination because it's a choice, an unhealthy choice and hello, people at a hospital are sick. Smokers need more breaks, and are more apt to call in sick, and cost more in insurance. Plus, they'll want to take breaks, and it's wrong for someone with an oxygen tank to have to walk through smoke to go into the hospital.

It's perfectly legal. All hiring discrimination is legal unless it discriminates against a legally protected class of people (i.e., gay people, black people, women). Smokers are not such a legally protected class.

smokers are NOT a protected class so therefore discrimination against smokers is legal,

No, that is just a job requirement.

For example a trucking company can say they will not hire blind drivers or color blind drivers. That is not discrimination against blind people! It is just a requirement of the job.

Yes it is illegal, their only concern would be your ability to do the job, like blind or only one leg, that would mean you dont qualify for the job,

All though you cant do anything about it if it is a big company they rule.

Hire not higher

Yes, they can do that. That's the way it is at a lot of places now.