Indiana Code Title 22. Labor and Safety § 22-5-4-1

Sec. 1 . (a) Except as provided in subsection (b), an employer may not:

(1) require, as a condition of employment, an employee or prospective employee to refrain from using;  or

(2) discriminate against an employee with respect to:

(A) the employee's compensation and benefits;  or

(B) terms and conditions of employment;

based on the employee's use of;

tobacco products outside the course of the employee's or prospective employee's employment.

(b) An employer may implement financial incentives:

(1) intended to reduce tobacco use;  and

(2) related to employee health benefits provided by the employer.


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