2015 Kentucky Revised Statutes CHAPTER 344 - CIVIL RIGHTS 344.040 Unlawful discrimination by employers -- Difference in health plan contribution rates for smokers and nonsmokers and benefits for smoking cessation program participants excepted.
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344.040
Unlawful discrimination by employers -- Difference in health plan
contribution rates for smokers and nonsmokers and benefits for smoking
cessation program participants excepted.
(1)
(2)
It is an unlawful practice for an employer:
(a) To fail or refuse to hire, or to discharge any individual, or otherwise to
discriminate against an individual with respect to compensation, terms,
conditions, or privileges of employment, because of the individual's race,
color, religion, national origin, sex, age forty (40) and over, because the
person is a qualified individual with a disability, or because the individual is a
smoker or nonsmoker, as long as the person complies with any workplace
policy concerning smoking;
(b) To limit, segregate, or classify employees in any way which would deprive or
tend to deprive an individual of employment opportunities or otherwise
adversely affect status as an employee, because of the individual's race, color,
religion, national origin, sex, or age forty (40) and over, because the person is
a qualified individual with a disability, or because the individual is a smoker
or nonsmoker, as long as the person complies with any workplace policy
concerning smoking; or
(c) To require as a condition of employment that any employee or applicant for
employment abstain from smoking or using tobacco products outside the
course of employment, as long as the person complies with any workplace
policy concerning smoking.
(a) A difference in employee contribution rates for smokers and nonsmokers in
relation to an employer-sponsored health plan shall not be deemed to be an
unlawful practice in violation of this section.
(b) The offering of incentives or benefits offered by an employer to employees
who participate in a smoking cessation program shall not be deemed to be an
unlawful practice in violation of this section.
Effective: July 15, 2010
History: Amended 2010 Ky. Acts ch. 126, sec. 3, effective July 15, 2010. -- Amended
1994 Ky. Acts ch. 378, sec. 4, effective July 15, 1994. – Amended 1992 Ky. Acts
ch. 282, sec. 5, effective July 14, 1992. -- Amended 1990 Ky. Acts ch. 388, sec. 2,
effective July 13, 1990. -- Amended 1980 Ky. Acts ch. 245, sec. 4, effective July 15,
1980. -- Amended 1972 Ky. Acts ch. 255, sec. 3. -- Created 1966 Ky. Acts ch. 2, Art.
3, sec. 302.
Legislative Research Commission Note (10/19/2004). 2004 (1st Extra. Sess.) Ky. Acts
ch. 1, sec. 4, sets forth different employee contribution rates to the state health
insurance plan for the period January 1, 2005, through December 31, 2005, for
smokers and nonsmokers and provides, "A difference in employee contribution rates
for smokers and nonsmokers under this plan shall not be deemed to be an unlawful
practice in violation of KRS 344.040."
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