A few states have gone beyond protecting the use of tobacco products and protect the use of "any other lawful products." These laws may be viewed as protecting an employee's right to drink alcohol, for example.
Typically, these state laws:
l forbid discrimination in terms and conditions of employment
l for the lawful use of any lawful product
l off of the employer's premises
l during non-working hours.
Exceptions. Some of the laws also carve out exceptions based on the following:
impairment of job performance;
inability to fulfill job responsibilities;
interference with safety of others; and
direct conflict of interest with essential business-related interests of employer.
A few states have also enacted laws that protect against discrimination for engaging in any lawful activity or conduct. For example, what exactly is a protected "legal recreational activity" has been the source of some contention and is not always clearly defined. If you live in one of these states, it is best to consult legal counsel before regulating off-duty activities.