A. It shall be unlawful for an employer to:
1. Discharge any individual, or otherwise disadvantage any individual, with respect to compensation, terms, conditions or privileges of employment because the individual is a nonsmoker or smokes or uses tobacco products during nonworking hours; or
2. Require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours.
B. Nothing in this section shall prohibit an employer from offering incentives to an employee to participate in wellness programs, including, but not limited to, smoking cessation programs, in conjunction with the employer providing the employee health insurance coverage.
Added by Laws 1991, c. 172, § 11, emerg. eff. May 8, 1991. Amended by Laws 1991, c. 295, § 3, emerg. eff. May 29, 1991; Laws 2013, c. 103, § 2, eff. Nov. 1, 2013, and c. 269, § 25, eff. Nov. 1, 2013.
NOTE: Laws 2013, c. 103, § 2 and Laws 2013, c. 269, § 25 made virtually identical changes to this section.
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