Smoking Off the Job
W.S. 27-9-105 — an employer may not require a worker to quit tobacco outside work
An employer may not make using or not using tobacco outside the course of work a condition of employment, or otherwise treat someone differently in pay or terms of work for it, unless not using tobacco outside work is a bona fide occupational qualification.
Who handles this in Wyoming: legal aid programs, lawyer referral and the state offices, listed in the Wyoming directory.
Insurance rates. An employer may still offer health, disability or life insurance priced differently for tobacco users, if the difference reflects an actual cost difference and employees get written notice of the rates.
Sources for this section (1)
- W.S. 27-9-105 — Discriminatory and unfair employment practices enumerated; limitations
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Wyoming attorney.