Can employer in MA refuse to hire someone because they smoke?

Several hospitals and other business in Massachusetts have adopted policies refusing to hire smokers. At Anna Jaques Hospital in Newburyport, for example, applicants are told of the no smoking policy and new hires are tested for nicotine.  Those who test positive have their job offers revoked, but may reapply in six months.  I cannot comment on what motivated the hospital you were considering to enact their no smokers policy, but many studies have linked smoking to higher healthcare costs.

Approximately 30 states have laws making smokers a protected class of employees (so a person cannot be discriminated against because he smokes), but Massachusetts, to date, has not enacted such a law.  Some attorneys and labor specialist have discussed bringing invasion of privacy law suits against such non-smoking policies, but I do not know if any of those suits have been filed or resolved in Massachusetts.  For now, I would say you are out of luck unless you have the time and the money to hire a Massachusetts attorney to file suit on your behalf.  Good luck with the job hunt.