Declares that 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.

Declares that nothing in this act 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.

Provides that the remedy for an individual claiming to be aggrieved by a violation of this act is a civil action for damages for all wages and benefits deprived the individual by reason of the violation.