00CS FOR SENATE BILL NO. 69(JUD) am(fld S)                                                                                
01 "An Act prohibiting employers from discriminating against individuals based on                                          
02 the use of legal products."                                                                                             
03 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA:                                                                
04    * Section 1.  AS 23.10 is amended by adding a new section to article 7 to read:                                      
05  Sec. 23.10.445.  NONDISCRIMINATION BASED ON THE USE OR NON-USE OF PRODUCTS.  (a)  An                                  
06 employer may not refuse to hire, discharge, or                                                                          
07 otherwise discriminate against an individual with respect to compensation, privileges,                                  
08 terms, or conditions of employment because the individual uses a lawful product in a                                    
09 lawful manner during nonworking hours and for the individual's personal consumption                                     
10 when not wearing or carrying clothing or other items that identify the individual as an                                 
11 employee of the employer and when in places other than the premises or vehicles of                                      
12 the employer.                                                                                                           
13  (b)  It is not a violation of this section for an employer to                                                         
14   (1)  discharge an individual or otherwise disadvantage an individual with                                            

01 respect to compensation, terms, conditions, or privileges of employment if that decision                                
02 is based on the individual's failure to meet job performance standards;                                                 
03   (2)  offer, impose, or have in effect a health, disability, or life insurance                                        
04 policy that makes distinctions between employees for the type of coverage or the                                        
05 coverage based upon the employees' use or lack of use of legal products; if differential                                
06 premium rates apply,                                                                                                    
07   (A)  the differential premium rates charged employees must                                                          
08 reflect a differential cost to the employer; and                                                                        
09   (B)  the employer shall provide employees with a written                                                            
10 statement setting out the differential rates used by the insurance carriers;                                            
11   (3)  discharge an individual or otherwise disadvantage an individual with                                            
12 respect to compensation, terms, conditions, or privileges of employment if the                                          
13 individual fails to comply with an employer's reasonable standards of conduct, even                                     
14 during nonworking hours, where the employer can demonstrate a close relationship                                        
15 between the standards and the employer's business.                                                                      
16  (c)  An employer may not refuse to hire, discharge, or otherwise discriminate                                         
17 against an individual with respect to compensation, privileges, terms, or conditions of                                 
18 employment because the individual does not use a lawful product.                                                        
19  (d)  This section does not apply to a religious corporation, association,                                             
20 educational institution, or society with respect to the employment of individuals who                                   
21 perform work connected with the carrying on, by the religious entity, of its activities.                                
22  (e)  In this section,                                                                                                 
23   (1)  "employee" means a person employed by an employer;                                                              
24   (2)  "employer" means a person, including the state and political                                                    
25 subdivisions of the state, that employs 10 or more persons in the state;                                                
26   (3)  "premises of the employer" includes camps or other living                                                       
27 accommodations provided or maintained by the employer.