Off Duty Use of Tobacco by Employee
IN Off-Duty Tobacco Use
Employees
Indiana employers may not require employees or applicants to avoid tobacco use outside work, or discriminate against them for it. Health-benefit incentives meant to reduce tobacco use are allowed.
- Where
- Indiana
- Citation
- Ind. Code ch. 22-5-4 (IC 22-5-4-1 to 22-5-4-4)
- Status
- In force
- Enforced by
- Private enforcement by employees and applicants
- People can sue
- Yes
- Penalties
- Actual damages, court costs, attorney's fees, and injunctive relief (IC 22-5-4-2).
- Applies to
- Employers other than churches, religious organizations, and their schools or businesses (IC 22-5-4-4)
Practices it requires
- Do not condition employment on abstaining from off-duty tobacco use, or discriminate in pay, benefits, or terms based on it; tobacco-reduction health-benefit incentives are allowed.IC 22-5-4-1
Sources
Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.
Unverified: The P.L.175-1991 and P.L.136-2006 effective dates were not confirmed.
Research reference, not legal advice.