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| | SB2945 | - 2 - | LRB097 17926 RPM 63149 b |
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1 | | discharge any individual, or
otherwise disadvantage any |
2 | | individual, with respect to compensation, terms,
conditions or |
3 | | privileges of employment because the individual uses lawful
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4 | | products off the premises of the employer during nonworking |
5 | | hours.
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6 | | (b) This Section does not apply to any employer that is a |
7 | | non-profit
organization that, as one of its primary purposes or |
8 | | objectives,
discourages the use of one or more lawful products |
9 | | by the general public or to any employer that, as its primary |
10 | | purposes or objectives, provides medical or hospital treatment |
11 | | to patients who have a cancerous condition .
This Section does |
12 | | not apply to the use of those lawful products which
impairs an |
13 | | employee's ability to perform the employee's assigned duties.
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14 | | (c) It is not a violation of this Section for an employer |
15 | | to offer,
impose or have in effect a health, disability or life |
16 | | insurance policy that
makes distinctions between employees for |
17 | | the type of coverage or the price
of coverage based upon the |
18 | | employees' use of lawful products provided that:
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19 | | (1) differential premium rates charged employees |
20 | | reflect a
differential cost to the employer; and
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21 | | (2) employers provide employees with a statement |
22 | | delineating the
differential rates used by insurance |
23 | | carriers.
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24 | | (Source: P.A. 87-807.)
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