IC 22-5-4
     Chapter 4. Off Duty Use of Tobacco by Employee

IC 22-5-4-1
Condition of employment; discrimination
     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.
As added by P.L.175-1991, SEC.1. Amended by P.L.136-2006, SEC.1.

IC 22-5-4-2
Enforcement; civil actions
     Sec. 2. (a) An employee or prospective employee may bring a civil action against an employer to enforce section 1 of this chapter.
    (b) If an employer violates section 1 of this chapter, the court may do the following:
        (1) Award:
            (A) actual damages; and
            (B) court costs and reasonable attorney's fees;
        to the prevailing employee or prospective employee.
        (2) Enjoin further violation of this chapter.
As added by P.L.175-1991, SEC.1.

IC 22-5-4-3
Effect of chapter on other rights or remedies
     Sec. 3. This chapter does not limit an employee's or prospective employee's rights or remedies under any other state or federal law.
As added by P.L.175-1991, SEC.1.

IC 22-5-4-4
Application of chapter
     Sec. 4. This chapter does not apply to an employer that is:
        (1) a church;
        (2) a religious organization; or
        (3) a school or business conducted by a church or religious organization.
As added by P.L.175-1991, SEC.1.

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