"Cigars are legal... and they don't test for tobacco use. Not yet anyway."
Some do.
More Employers Shun Tobacco Users - Forbes
"And as to the ban on hiring smokers in the 21 states where it is legal, the Towers Watson survey found that 4% of companies have adopted such a policy, while another 2% said they would next year. Hospitals are leading the way with 21% having bans this year (by next year one-third of hospitals are expected to have bans). Transportation and utility companies come in next at 17% and 13% respectively."