Q: Is it legal for a company to charge a employee for being a smoker and has nothing to do with health insurance

A: No unless they offer a wellness program as detailed below. However, I recommend that you not make representations of the law to your employer without an attorney. And once you get an attorney, that person should contact your employer so that an inadvertent mistake isn't made. I'm happy to try to help you find a lawyer if you email me (info on my firm's website).

Here is what the Department of Labor says:

Can a plan provide a premium differential between smokers and nonsmokers?

The plan is offering a reward based on an individual’s ability to stop smoking.

Medical evidence suggests that smoking may be related to a health factor. The Diagnostic and Statistical Manual of Mental Disorders, which states that nicotine addiction is a medical condition, supports that position. In addition, a report of the Surgeon General adds that scientists in the field of drug addiction agree that nicotine, a substance common to all forms of tobacco, is a powerfully addictive drug.

For a group health plan to maintain a premium differential between smokers and nonsmokers and not be considered discriminatory, the plan’s nonsmoking program would need to meet the five requirements for wellness programs that require satisfaction of a standard related to a health factor.

Accordingly, under the final rules, this wellness program would be permitted if:

The premium differential is not more than 20 percent of the total cost of employee-only coverage (or 20% of the cost of coverage if dependents can participate in the program);

The program is reasonably designed to promote health and prevent disease;

Individuals eligible for the program are given an opportunity to qualify for the discount at least once per year;

The program accommodates individuals for whom it is unreasonably difficult to quit using tobacco products due to addiction by providing a reasonable alternative standard (such as a discount in return for attending educational classes or for trying a nicotine patch); and

Plan materials describing the terms of the premium differential describe the availability of a reasonable alternative standard to qualify for the lower premium.

https://www.dol.gov/ebsa/faqs/faq_hipaa_ND.html