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Senate debates bill to prohibit employer discrimination for lawful off-duty conduct
Summary
SB122 would prohibit employers from discriminating against employees for lawful off-duty activities (like tobacco or alcohol use), with narrow exceptions; the Senate floor heard extended arguments about employer discretion, community reputation and insurance costs.
Senate Bill 122, introduced by Senator Peterson, would bar employment discrimination based on lawful off-duty conduct (use of lawful products off premises and on personal time) provided the conduct does not affect job performance. The bill includes a carve-out allowing employers to impose bona-fide occupational restrictions (for instance, when a restriction is intrinsic to a job's duties) and a provision allowing employers to recover attorney fees from frivolous suits.
Floor debate was extensive. Several senators voiced concern that the bill would limit employer prerogatives to set moral or reputational standards in small communities, and others raised potential downstream effects on employer-provided insurance costs and health programs. Supporters framed the legislation as protecting private life choices that do not harm job performance, comparing it to other protected private behaviors. The sponsor said the bill had unanimous support in committee and believed it was a necessary anti-discrimination measure.
The transcript records the introduction, pro and con floor remarks and a call for the question; the record shows roll-call activity and extended discussion but the final floor disposition for SB122 in the transcript segment is mixed with adjacent items and requires consulting the clerk’s formal tally for final outcome and placement.
