Discrimination, refusal to hire or discharge employee for alcohol or tobacco use not during working hours, prohibited, exception
An employer cannot refuse to hire someone, fire them, or cut their pay just because they drink alcohol or use tobacco products on their own time, away from work. But if that use gets in the way of the person's job or causes problems at work, the employer can act. Also, employers are allowed to charge less for health insurance for workers who do not smoke. Religious groups and health-focused nonprofits do not have to follow this rule. This law does not let anyone sue in court over a violation.
290.145. Discrimination, refusal to hire or employee for alcohol or tobacco use not during working hours, prohibited, — not cause for legal s. — It shall be an for an employer to refuse to hire, or to discharge, any individual, or to otherwise disadvantage any individual, with respect to , terms or conditions of because the individual uses lawful alcohol or tobacco products off the of the employer during hours such individual is not working for the employer, unless such use interferes with the duties and performance of the employee, the employee's coworkers, or the overall operation of the employer's business; except that, nothing in this section shall prohibit an employer from providing or contracting for health insurance benefits at a reduced rate or at a reduced level for employees who do not smoke or use tobacco products. Religious organizations and church-operated institutions, and whose business is health care shall be from the of this section. The provisions of this section shall not be to create a for , or other .
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Source & history notes
(L. 1992 S.B. 509, et al. § 6, A.L. 2005 H.B. 596, A.L. 2006 S.B. 567 & 792)
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