§ 23-20.10-14 - Prohibited condition of employment – Smoking by employees outside course of employment.
SECTION 23-20.10-14
§ 23-20.10-14 Prohibited condition ofemployment – Smoking by employees outside course of employment. – (a) No employer or agent of any employer shall require, as a condition ofemployment, that any employee or prospective employee refrain from smoking orusing tobacco products outside the course of his or her employment, orotherwise discriminate against any individual with respect to his or hercompensation, terms, conditions or privileges of employment for smoking orusing tobacco products outside the course of his or her employment. Provided,however, that the following employers shall be exempt from the provisions ofthis section: Any employer that is a nonprofit organization which as one of itsprimary purposes or objectives discourages the use of tobacco products by thegeneral public.
(b) In any civil action alleging a violation of this section,the court may:
(1) Award up to three (3) times the actual damages to aprevailing employee or prospective employee;
(2) Award court costs to a prevailing employee or prospectiveemployee;
(3) Afford injunctive relief against any employer who commitsor proposes to commit a violation of this chapter.
(c) Nothing contained in this chapter shall be construed toaffect any other provisions of this title.