§ 22-5-4-1

(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.