§ 5. Discrimination for use of lawful products prohibited.
(a) Except as otherwise specifically provided by law, including Section 10-50 of the
Cannabis Regulation and Tax Act, and except as provided in subsections (b) and (c)
of this Section, it shall be unlawful for an employer to refuse to hire or to discharge
any individual, or otherwise disadvantage any individual, with respect to compensation,
terms, conditions or privileges of employment because the individual uses lawful products
off the premises of the employer during nonworking and non-call hours. As used in this Section, “lawful products” means products that are legal under state law. For purposes of this Section, an employee is deemed on-call when the employee is
scheduled with at least 24 hours' notice by his or her employer to be on standby or
otherwise responsible for performing tasks related to his or her employment either
at the employer's premises or other previously designated location by his or her employer
or supervisor to perform a work-related task.
(b) This Section does not apply to any employer that is a non-profit organization
that, as one of its primary purposes or objectives, discourages the use of one or
more lawful products by the general public. This Section does not apply to the use of those lawful products which impairs an
employee's ability to perform the employee's assigned duties.
(c) It is not a violation of this Section for an employer to offer, impose or have
in effect a health, disability or life insurance policy that makes distinctions between
employees for the type of coverage or the price of coverage based upon the employees'
use of lawful products provided that:
(1) differential premium rates charged employees reflect a differential cost to the
(2) employers provide employees with a statement delineating the differential rates
used by insurance carriers.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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