CSSB 69(JUD) AM(FLD S): "An Act prohibiting employers from discriminating against individuals based on the use of legal products."
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.