2015 Indiana Code TITLE 22. LABOR AND SAFETY ARTICLE 5. UNLAWFUL LABOR PRACTICES CHAPTER 4. OFF DUTY USE OF TOBACCO BY EMPLOYEE
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IC 22-5-4
Chapter 4. Off Duty Use of Tobacco by Employee
IC 22-5-4-1
Condition of employment; discrimination
Sec. 1. (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.
IC 22-5-4-2
Enforcement; civil actions
Sec. 2. (a) An employee or prospective employee may bring a civil
action against an employer to enforce section 1 of this chapter.
(b) If an employer violates section 1 of this chapter, the court may
do the following:
(1) Award:
(A) actual damages; and
(B) court costs and reasonable attorney's fees;
to the prevailing employee or prospective employee.
(2) Enjoin further violation of this chapter.
As added by P.L.175-1991, SEC.1.
IC 22-5-4-3
Effect of chapter on other rights or remedies
Sec. 3. This chapter does not limit an employee's or prospective
employee's rights or remedies under any other state or federal law.
As added by P.L.175-1991, SEC.1.
IC 22-5-4-4
Application of chapter
Sec. 4. This chapter does not apply to an employer that is:
(1) a church;
(2) a religious organization; or
(3) a school or business conducted by a church or religious
organization.
Indiana Code 2015
As added by P.L.175-1991, SEC.1.
Indiana Code 2015
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