West Virginia 2022 Regular Session

West Virginia House Bill HB2519

Introduced
1/12/22  

Caption

Repealing provision prohibiting employers from discriminating for use of tobacco products

Impact

The repeal of the provision could significantly alter the landscape of workplace policies regarding tobacco use in West Virginia. Currently, employees are protected from punitive actions related to their legal use of tobacco outside of working hours. If enacted, HB2519 would remove these protections, shifting the balance of power towards employers and potentially decreasing job security for tobacco users. This change may lead to increased discrimination against a segment of the workforce that utilizes tobacco products, thus affecting their economic stability and privacy regarding personal choices.

Summary

House Bill 2519 proposes to repeal existing provisions in the West Virginia Code that prohibit employers from discriminating against employees based on their use of tobacco products. This bill seeks to eliminate the current legal framework that protects employees against discrimination related to their tobacco use while off-duty. By removing this clause, employers would be permitted more freedom to make employment decisions based on an individual’s tobacco usage, potentially affecting hiring, promotions, and termination processes in workplaces across the state.

Sentiment

The sentiment surrounding HB2519 appears to be mixed. Supporters of the bill may argue that it grants employers the flexibility to create a healthier workplace by discouraging tobacco use among employees. Conversely, detractors emphasize that this legislation represents an infringement on personal rights, advocating that individuals should not face job-related repercussions for their private lifestyle choices. This debate underscores broader themes of employment rights versus employer discretion, with significant implications for public health advocacy within the workforce.

Contention

Notable points of contention include concerns about the potential stigmatization of tobacco users in hiring practices, as employers may prefer candidates who do not engage in tobacco use. This could lead to unintended economic impacts on those who smoke or use tobacco products, creating a less favorable employment environment for them. Critics of the bill are likely to raise alarms about the precedent it sets for other forms of discrimination in the workplace, indicating a need for broader discussions about employee rights in the context of personal health choices.

Companion Bills

No companion bills found.

Previously Filed As

WV HB2399

Repealing provision prohibiting employers from discriminating for use of tobacco products.

WV HB2254

Establishing different rates of taxation for tobacco products for certain border counties

WV SB717

Prohibiting sale of tobacco products to individuals younger than 21 years of age

WV HB2635

Repealing antiquated provisions relating to gaming activities

WV HB2133

Repealing the Workplace Freedom Act of 2016 and restoring the prior provisions of the Labor-Management Relations Act

WV SB635

Relating to Tobacco Products Excise Tax Act

WV HB2186

Relating to tobacco usage restrictions

WV SB84

Tobacco Products Excise Tax Act

WV HB3229

Increase age to 21 for tobacco and vape sales to align with federal law

WV HB5378

Prohibiting discrimination on the basis of hairstyle or texture

Similar Bills

No similar bills found.