Privacy Law Library

Off Duty Use of Tobacco by Employee

IN Off-Duty Tobacco Use

Employees

Indiana employers may not require employees or applicants to avoid tobacco use outside work, or discriminate against them for it. Health-benefit incentives meant to reduce tobacco use are allowed.

Where
Indiana
Citation
Ind. Code ch. 22-5-4 (IC 22-5-4-1 to 22-5-4-4)
Status
In force
Enforced by
Private enforcement by employees and applicants
People can sue
Yes
Penalties
Actual damages, court costs, attorney's fees, and injunctive relief (IC 22-5-4-2).
Applies to
  • Employers other than churches, religious organizations, and their schools or businesses (IC 22-5-4-4)

Practices it requires

  • Do not condition employment on abstaining from off-duty tobacco use, or discriminate in pay, benefits, or terms based on it; tobacco-reduction health-benefit incentives are allowed.IC 22-5-4-1

Sources

Checked against these sources on 2026-09-25 by research agent (Claude), primary sources.

Unverified: The P.L.175-1991 and P.L.136-2006 effective dates were not confirmed.

Research reference, not legal advice.