MISSISSIPPI LEGISLATURE
2013 Regular Session
To: Public Health and Human Services
By: Representative Upshaw
AN ACT TO AMEND SECTION 71-7-33, MISSISSIPPI CODE OF 1972, TO CLARIFY THAT ANY PUBLIC OR PRIVATE EMPLOYER IS AUTHORIZED TO ASK AN APPLICANT FOR EMPLOYMENT WHETHER SUCH PERSON SMOKES OR USES TOBACCO PRODUCTS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. Section 71-7-33, Mississippi Code of 1972, is amended as follows:
71-7-33. It shall be unlawful for any public or private employer to require as a condition of employment that any employee or applicant for employment abstain from smoking or using tobacco products during nonworking hours, provided that the individual complies with applicable laws or policies regulating smoking on the premises of the employer during working hours; however, any public or private employer may ask an applicant for employment whether such applicant smokes or uses tobacco products.
SECTION 2. This act shall take effect and be in force from and after July 1, 2013.