Section 22-5-4-1 - Condition of employment; discrimination(a) Except as provided in subsection (b), an employer may not: (1) require, as a condition of employment, an employee or prospective employee to refrain from using; or(2) discriminate against an employee with respect to:(A) the employee's compensation and benefits; or(B) terms and conditions of employment; based on the employee's use of;
tobacco products outside the course of the employee's or prospective employee's employment.
(b) An employer may implement financial incentives:(1) intended to reduce tobacco use; and(2) related to employee health benefits provided by the employer.As added by P.L. 175-1991, SEC.1. Amended by P.L. 136-2006, SEC.1.