BILL REQ. #:  H-0199.1 

Read first time 01/11/2007.   Referred to Committee on Commerce & Labor.

     AN ACT Relating to employment decisions based on consumption of lawful products; adding a new section to chapter 49.44 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   A new section is added to chapter 49.44 RCW to read as follows:
     (1) It is unlawful for an employer to refuse to hire or to discharge an individual, or otherwise disadvantage an individual, with respect to compensation, terms, conditions, or privileges of employment because the individual engages in the consumption of lawful tobacco products off the premises of the employer during nonworking hours, provided the individual complies with applicable laws or policies regulating consumption of lawful tobacco products on the premises of the employer during working hours.
     (2) It is not unlawful or an unfair employment practice under this section for an employer to refuse to hire, discharge, or otherwise disadvantage an individual with respect to compensation, terms, conditions, or privileges of employment if that decision is based on:
     (a) The individual's failure to meet job-related standards set by the employer;
     (b) An employer's legitimate conflict of interest policy reasonably designed to protect the employer's trade secrets, proprietary information, or other proprietary interests;
     (c) A bona fide occupational qualification or requirement, including qualifications or requirements implemented by the employer to screen for respiratory diseases in occupations where the individual will be exposed to smoke and noxious fumes; or
     (d) The employer's drug and alcohol free work place program, including those adopted in response to federal requirements.
     (3) Nothing in this section shall be applied to any matter that is also subject to collective bargaining between the employer and the affected employee.
     (4) Nothing in this section precludes a religious or health organization, whose tenets prohibit the use of an otherwise lawful tobacco product or a company or nonprofit organization whose primary business purpose is the prevention of heart and lung disease, from refusing to employ an individual who uses an otherwise lawful tobacco product.
     (5) The remedy for an individual claiming to be aggrieved by a violation of this section is a civil action for damages for all wages and benefits deprived the individual by reason of the violation.
     (6) In a civil action alleging a violation of this section, the court may award the prevailing party court costs and reasonable attorneys' fees.
     (7) An individual aggrieved by a violation of this section must file the civil action within six months after the alleged unlawful or unfair employment practice or the discovery of that practice.