Sen Gard’s SB 91 would permit an employer to consider a prospective employee’s tobacco use as a factor in its employment decision. At least that’s what I think it does. As it pertains to prospective employees, IC 22-5-4-1 states, “an employer may not require, as a condition of employment, a prospective employee to refrain from using tobacco products outside the course of the prospective employee’s employment.”
I’m not sure why the legislature saw fit to offer special protections to tobacco users in the first place. An employer could, if it wanted, decide not to hire golfers and terminate the employment of employees who golfed when they weren’t at work. It wouldn’t be a “just cause” termination, so the employee would be eligible for unemployment benefits. But, Indiana’s an “at will” employment state. But, in any case, Indiana seems to offer more protections to smoker employment than, say, golfer employment; and Sen. Gard is attempting to roll back one of those protections.
Jack says
If there is any consistent thing with much of the proposed legislation you cite is—much seems to consistently define things into law that simply is likely to cause more problems than the current state of affairs. The wish to be seen as defending the most conservative of viewpoints by making them the law of the land simply goes beyond basic common sense likely never seeing daylight beyond a committee but bringing “glory” to the author.
Doug says
One of the problems is a combination of: 1) A sense of pressure to ‘do something’; and 2) The only tool in the legislative toolbox being legislation.
Buzzcut says
And yet, while you admit that, Doug, you are still a legislation loving liberal.
I predict at some point you will come to your senses and become a jaded anachro-conserva-libertarian-crumodgeon like me. Government can’t solve any problems, most legislation is crap, and just about every single “expert” out there thinks that he knows far more than he actually does. We are far better off leaving “problems” to solve themselves.
Any idea how many new Indiana laws come into effect tomorrow? I heard on the news that 200 laws go into effect in Illinois tomorrow. That is a frightening statistic.
Doug says
I wouldn’t think too many come into effect tomorrow, though there are probably some; typical for Indiana is July 1 or “upon passage.”
I came from something of an anachro-conserva-libertarian-curmudgeon (to borrow a phrase) past. (Incidentally, I was looking at ‘anachro’ versus ‘anarcho’ and figure both of them work.) That’s not too far off my perspective as a teen and early 20s. To borrow another, “I was so much older then; I’m younger than that now.” But, maybe I’ll return. For now, I think legislation is a good tool for some jobs, but certainly not all. And, I happen to have a healthy disagreement with many people about when and what legislation is useful.