H-3798              _______________________________________________

                                                   HOUSE BILL NO. 2773

                        _______________________________________________

State of Washington                               51st Legislature                              1990 Regular Session

By Representatives R. King, Smith, Vekich, S. Wilson and Day

Read first time 1/19/90 and referred to Committee on Commerce & Labor.

AN ACT Relating to unfair practices in employment; and adding a new section to chapter 49.44 RCW.

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:

          It shall be an unfair practice:

          (1) For an employer or licensing agency to require, as a condition of hiring, promotion, or continued employment, that any employee or prospective employee use, or refrain from using, lawful tobacco products during nonworking hours.

          (2) For an employer to discharge or fail or refuse to hire any individual, or segregate or classify any individual in any way that would deprive or tend to deprive the individual of employment opportunities or adversely affect his or her status as an employee, or otherwise discriminate against an individual with respect to compensation, terms, conditions, or privileges of employment on the ground that the employee does or does not consume lawful tobacco products during nonworking hours.

          (3) This section does not apply if an applicable collective bargaining agreement affects off-duty use of tobacco products.