Bill Text: WV SB51 | 2016 | Regular Session | Introduced
Bill Title: Exempting certain employers from discriminating against tobacco users
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-01-13 - To Health and Human Resources [SB51 Detail]
Download: West_Virginia-2016-SB51-Introduced.html
WEST virginia legislature
2016 regular session
Introduced
Senate Bill 51
By Senator Ferns
[Introduced January 13,
2016;
Referred to the Committee on Health and Human Resources; and then to the
Committee on the Judiciary.]
A BILL to amend and reenact §21-3-19 of the Code of West Virginia, 1931, as amended, relating to exempting certain employers from discriminating against tobacco users.
Be it enacted by the Legislature of West Virginia:
That §21-3-19 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 3. SAFETY AND WELFARE OF EMPLOYEES.
§21-3-19. Discrimination for use of tobacco products prohibited.
(a) It shall be is
unlawful for any an employer, whether public or private, or the
agent of such the employer to refuse to hire any individual or to
discharge any employee or otherwise to disadvantage or penalize any employee
with respect to compensation, terms, conditions or privileges of employment
solely because such the individual uses tobacco products off the
premises of the employer during nonworking hours.
(b) This section shall
not apply with respect to an employer which is a nonprofit organization which,
as one of its primary purposes or objectives, discourages the use of one or
more tobacco products by the general public The protections described in
subsection (a) of this section do not apply to any individual who is first
employed on or after July 1, 2016, by:
(1) An employer which as one of its primary purposes or objectives, discourages the use of one or more tobacco products by the general public; or
(2) An employer whose principal business is the operation of a health care facility or facilities that provide treatment to patients including patients with life threatening illnesses caused by or related to the use of one or more tobacco products, and any affiliated employer whose principal business is directly related to that employer.
(c) This section shall
not does not prohibit an employer from offering, imposing or having
in effect a health, disability or life insurance policy which makes
distinctions between employees for type of coverage or price of coverage based
upon the employee's use of tobacco products: Provided, That any differential
premium rates charged to employees must reflect differential costs to the
employer: Provided, however, That the employer must shall
provide employees with a statement delineating the differential rates used by
its insurance carriers.
(d) Nothing
in This section shall not be construed to does not prohibit
an employer from making available to smokers and other users of tobacco
products, programs, free of charge or at reduced rates, which encourage the
reduction or cessation of smoking or tobacco use.
NOTE: The purpose of this bill is to exempt employers that have as one of their primary purposes or objectives to discourage the use of tobacco products by the general public from discriminating against tobacco users. The bill exempts employers whose principal business is the operation of a health care facility that provide treatment to patients with life threatening illnesses caused by or related to the use of tobacco products from discriminating against tobacco users. The bill also exempts affiliated employers whose principal business is directly related to those other two types of employers from discriminating against tobacco users.
Strike-throughs indicate language that would be stricken from a heading or the present law and underscoring indicates new language that would be added.
