The President of a World-Renowned Medical Facility Based in the U.S.determined

The president of a world-renowned medical facility based in the U.S.determined that employees need to be healthier,and began his efforts by prohibiting use of tobacco by employees both on-duty and off-duty.This ban on smoking was to take effect six months from the date of announcement.Employees still smoking after the ban were terminated.To facilitate the ban,smoking cessation programs were made available to current smokers and their spouses.In addition,the medical facility provided general education programs to help employees understand the "evils" of smoking.As a result of the policy,the medical facility:

A) may be unable to enforce the policy in certain states that prohibit employers from requiring abstention from smoking as a condition of employment
B) may be in violation of the equal protection clause of the U.S. Constitution
C) may be liable for the tort of defamation by publication
D) may be unable to enforce the policy because the right to smoke is considered a protected right under the U.S. Constitution