Section 659A.315 - Restricting use of tobacco in nonworking hours prohibited; exceptions(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.(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