Indiana § 22-5-4-1 Condition of employment; discrimination

Indiana Statutes

§ 22-5-4-1 — Condition of employment; discrimination

Indiana § 22-5-4-1

Art. 5UNLAWFUL LABOR PRACTICES

Ch. 4Off Duty Use of Tobacco by Employee

This text of Indiana § 22-5-4-1 (Condition of employment; discrimination) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ind. Code § 22-5-4-1 (2026).

Text

(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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(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.