Senate Bill No. 91 Summary

• Removes "prospective employee" protections from IC 22-5-4, allowing employers to consider tobacco use by job applicants during the hiring process.

• Maintains existing protections for current employees by prohibiting employers from requiring tobacco abstinence or discriminating against employees based on off-duty tobacco use.

• Permits employers to implement financial incentives related to employee health benefits designed to reduce tobacco use.

• Allows employees to bring civil actions for violations, with courts authorized to award actual damages, court costs, and reasonable attorney's fees to prevailing employees.

• Effective July 1, 2012.