290.145. Discrimination, refusal to hire or discharge employee for alcohol or tobacco use not during working hours, prohibited, exception--not cause for legal actions.
Discrimination, refusal to hire or discharge employee for alcohol ortobacco use not during working hours, prohibited, exception--notcause for legal actions.
290.145. It shall be an improper employment practice for an employerto refuse to hire, or to discharge, any individual, or to otherwisedisadvantage any individual, with respect to compensation, terms orconditions of employment because the individual uses lawful alcohol ortobacco products off the premises of the employer during hours suchindividual is not working for the employer, unless such use interferes withthe duties and performance of the employee, the employee's coworkers, orthe overall operation of the employer's business; except that, nothing inthis section shall prohibit an employer from providing or contracting forhealth insurance benefits at a reduced premium rate or at a reduceddeductible level for employees who do not smoke or use tobacco products.Religious organizations and church-operated institutions, andnot-for-profit organizations whose principal business is health carepromotion shall be exempt from the provisions of this section. Theprovisions of this section shall not be deemed to create a cause of actionfor injunctive relief, damages or other relief.
(L. 1992 S.B. 509, et al. § 6, A.L. 2005 H.B. 596, A.L. 2006 S.B. 567 & 792)