The original instrument and the following digest, which constitutes no part of the
legislative instrument, were prepared by Christopher D. Adams.
DIGEST
Heitmeier (SB 492)
Present law provides as long as an individual, during the course of employment, complies with
applicable law and any adopted workplace policy regulating smoking, it shall be unlawful for an
employer:
(1)To discriminate against the individual with respect to discharge, compensation,
promotion, any personnel action or other condition, or privilege of employment because
the individual is a smoker or nonsmoker.
(2)To require, as a condition of employment, that the individual abstain from smoking or
otherwise using tobacco products outside the course of employment.
Present law provides a smoker is limited to a person who smokes tobacco.
Present law provides nothing shall preclude an employer from formulating and adopting a policy
regulating an employee's workplace use of a tobacco product or from taking any action consistent
therewith.
Present law provides any employer who violates the provisions of the present law shall be fined
up to $250 for the first offense and up to $500 for any subsequent offense.
Proposed law amends present law to include the provisions of present law shall not apply to
hospitals or their affiliates.
Proposed law amends present law to include the provisions of proposed law shall apply only to
offers of employment made on or after August 1, 2014, or to any employment agreement that is
created as a result of an offer of employment made on or after August 1, 2014, and nothing
contained in present law shall prevent an employer who meets the requirements of proposed law
from making employment decisions based on the use or nonuse of tobacco after August 1, 2014.
Proposed law amends present law to include nothing in the proposed law shall be construed to
disqualify any employee, who would otherwise qualify, from receiving unemployment
compensation.
Effective August 1, 2014.
(Adds R.S. 23:966(E) and (F))