A pregnant nonsmoker who was advised by her physician to stay away from smoke-filled areas sued the company where she worked, claiming that her employer violated a Tucson ordinance that requires nonsmokers to be “reasonably accommodated” at the worksite. After her boss was cited by the police for violating the ordinance and assessed a $250 fine, he fired her, claiming that she worked poorly and had a “bad attitude.” The worker filed a wrongful discharge suit (alleging a violation of public policy) and claimed, as well, that the company breached an implied contractual right to continued employment and defamed her since, when seeking future employment, she would be asked the reason why she was fired and would have to give the reason cited by the employer. The case was settled.
No. 256253, (Arizona Superior Ct., Pima County, 1989).