§ 6.7.7.3 PUBLIC POLICY.

• Jurisdiction: Arizona

§ 6.7.7.3 Public Policy. Public policy defenses include the claim of an inability to obtain the information necessary to be put on notice. For example, employers are prohibited from asking questions involving HIV. This prohibition, required by laws against discrimination based on disabilities and handicaps and against violation of privacy rights, may serve as a defense.⁴⁷ Also, since employers are encouraged to employ rehabilitated criminals, the public policy favoring these programs may serve as a defense to punitive or exemplary damages. The public policy defense would, however, be defeated if there are similarities between the crime(s) for which the employee was convicted and the alleged improper act(s) committed while employed. In such case, the later acts will be deemed foreseeable, and the employer will be liable.⁴⁸

In addition to the public policy reasons that may prevent an employer from being put on notice of an employee's deficiency already noted, the...