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Labor/Employment

Jul. 13, 2011

Smoking may cause unemployment

The state Constitution's right to privacy could provide protection for job seekers who smoke. By D. Gregory Valenza of Shaw Valenza


By D. Gregory Valenza


A reporter interviewed me on the radio a couple of weeks ago about a health care employer's decision to refuse to hire smokers for its Arizona facilities. The reporter was incredulous that an employer could decide not to hire an applicant based on conduct away from work. The principal question: Is that legal?


Under Arizona state law, it probably is. Arizona law does not protect smokers from "discrimination," or from ...

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