Oregon Statutes 659A.315 – Restricting use of tobacco in nonworking hours prohibited; exceptions
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(1) It is an unlawful employment practice for any employer to require, as a condition of employment, that any employee or prospective employee refrain from using lawful tobacco products during nonworking hours, except when the restriction relates to a bona fide occupational requirement.
Terms Used In Oregon Statutes 659A.315
- Employer: means any person who in this state, directly or through an agent, engages or uses the personal service of one or more employees, reserving the right to control the means by which such service is or will be performed. See Oregon Statutes 659A.001
- Unlawful employment practice: includes a practice that is specifically denominated in another statute of this state as an unlawful employment practice and that is specifically made subject to enforcement under this chapter. See Oregon Statutes 659A.001
(2) Subsection (1) of this section does not apply if an applicable collective bargaining agreement prohibits off-duty use of tobacco products. [Formerly 659.380; 2005 c.199 § 3]