(a)
(1) This chapter may not be construed as allowing an employer or agent of an employer to require, as a condition of employment, that an employee or prospective employee refrain from smoking or using tobacco products outside the course the employee's employment, or to otherwise discriminate against an employee with respect to compensation, terms, conditions or privileges of employment for smoking or using tobacco products outside the course of employment.
(2) This section does not apply to nonprofit employers or organizations whose primary purpose or objective is to discourage the use of tobacco products by the general public.