§ 23-20.10-14. Prohibited condition of employment — Smoking by employees outside course of employment.
(a) No employer or agent of any employer shall require, as a condition of employment, that any employee or prospective employee refrain from smoking or using tobacco products outside the course of his or her employment, or otherwise discriminate against any individual with respect to his or her compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of his or her employment. Provided, however, that the following employers shall be exempt from the provisions of this section: Any employer that is a nonprofit organization which as one of its primary purposes or objectives discourages the use of tobacco products by the general public.
(b) In any civil action alleging a violation of this section, the court may:
(1) Award up to three (3) times the actual damages to a prevailing employee or prospective employee;
(2) Award court costs to a prevailing employee or prospective employee;
(3) Afford injunctive relief against any employer who commits or proposes to commit a violation of this chapter.
(c) Nothing contained in this chapter shall be construed to affect any other provisions of this title.
History of Section.P.L. 2004, ch. 198, § 2; P.L. 2004, ch. 209, § 2.
Structure Rhode Island General Laws
Chapter 23-20.10 - Public Health and Workplace Safety Act
Section 23-20.10-1. - Short title.
Section 23-20.10-2. - Definitions.
Section 23-20.10-3. - Prohibition of smoking in public places.
Section 23-20.10-4. - Prohibition of smoking in places of employment.
Section 23-20.10-5. - Outdoor smoking space.
Section 23-20.10-6. - Where smoking not regulated.
Section 23-20.10-6.1. - Pari mutual facilities.
Section 23-20.10-7. - Posting of signs.
Section 23-20.10-8. - Nonretaliation.
Section 23-20.10-9. - Enforcement.
Section 23-20.10-10. - Violations and penalties.
Section 23-20.10-11. - Public education.
Section 23-20.10-12. - Governmental agency cooperation.
Section 23-20.10-13. - Other applicable laws.