The Barton & Nightingale Hospital Chain Has Informed All of Its

The Barton & Nightingale Hospital chain has informed all of its employees that due to the health risks of smoking and the high cost of health insurance premiums, it will prohibit the off-duty use of tobacco by all employees starting in one year from the date of the announcement. Smoking cessation programs will be made available to those who need them. Barton & Nightingale will

A) be liable for the tort of intrusion into seclusion if it attempts to enforce the policy.
B) be unable to enforce the policy in at least 29 states and the District of Columbia which prohibit abstention from smoking as a condition of employment.
C) be unable to enforce the policy because the U.S. Supreme Court has held that the constitutional guarantee of personal liberty protects fundamental personal rights.
D) banning smoking discriminates against smokers as a particular group and thus violates the equal protection clause of the U.S. constitution.