60-4-11 Discrimination against employee off-duty use of tobacco.
Discrimination against employee off-duty use of tobacco.
It is a discriminatory or
unfair employment practice for an employer to terminate the employment of an employee due to that
employee's engaging in any use of tobacco products off the premises of the employer during
nonworking hours unless such a restriction:
Relates to a bona fide occupational requirement and is reasonably and rationally related
to the employment activities and responsibilities of a particular employee or a particular
group of employees, rather than to all employees of the employer; or
Is necessary to avoid a conflict of interest with any responsibilities to the employer or the
appearance of such a conflict of interest.
Notwithstanding any other provisions of this chapter, the sole remedy for any person claiming
to be aggrieved by a discriminatory or unfair employment practice as defined in this section shall be
as follows: the person may bring a civil suit for damages in circuit court and may sue for all wages
and benefits which have been due up to and including the date of the judgment had the
discriminatory or unfair employment practice not occurred. However, nothing in this section may
be construed to relieve such person from the obligation to mitigate damages. It is not a
discriminatory or unfair employment practice pursuant to this section for an employer to offer,
impose or have in effect a health or life insurance policy that makes distinctions between employees
for the type of coverage or the cost of coverage based upon the employees' use of tobacco products.
The provisions of this section shall not apply to full-time firefighters.
Source: SL 1991, ch 410.