CSHB 62(JUD): "An Act prohibiting employers from discriminating against individuals who use legal products in a legal manner outside of work."
00CS FOR HOUSE BILL NO. 62(JUD) 01 "An Act prohibiting employers from discriminating against individuals who use 02 legal products in a legal manner outside of work." 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 read: 05 Sec. 23.10.450. NONDISCRIMINATION FOR LAWFUL USE OF 06 PRODUCTS. (a) An employer may not refuse to hire, discharge, or otherwise 07 discriminate against an individual with respect to compensation, privileges, terms, or 08 conditions of employment because the individual uses a lawful product in a lawful 09 manner during nonworking hours and for the individual's personal consumption when 10 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 work site or the premises 12 or vehicles of 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 including job 03 performance standards based on the use of lawful products; 04 (2) offer, impose, or have in effect a health, disability, or life insurance 05 policy that makes distinctions between employees for the type of coverage or the 06 coverage based upon the employees' use of legal products; if differential premium 07 rates apply, 08 (A) the differential premium rates charged employees must 09 reflect a differential cost to the employer; and 10 (B) the employer shall provide employees with a written 11 statement setting out the differential rates used by the insurance carriers. 12 (c) This section does not apply to a religious corporation, association, 13 educational institution, or society with respect to the employment of individuals who 14 perform work connected with the carrying on, by the religious entity, of its activities. 15 (d) This section does not supersede a federal or state law that protects the 16 health, safety, or well-being of the general public. 17 (e) In this section, 18 (1) "employee" means a person employed by an employer; 19 (2) "employer" means a person, including the state and political 20 subdivisions of the state, that employs 10 or more persons in the state; 21 (3) "premises of the employer" includes camps or other living 22 accommodations provided or maintained by the employer at or adjacent to the 23 worksite.