50-State Replace On Pending Laws Pertaining To Employer-Mandated Vaccinations – Coronavirus (COVID-19)

Per recent federal employment law guidance, private
employers can generally require employees to get vaccinated for
COVID-19 as long as they comply with federal employment laws that
prohibit discrimination on the basis of religion and
disability.

Most states currently recognize only medical and/or religious
objections to employer-mandated vaccinations. Given the increasing
availability of the COVID-19 vaccine, many states are considering
legislation intended to prevent employers from mandating
vaccinations and protecting current and prospective employees who
refuse vaccination from discrimination and retaliation.

The proposed legislation varies widely by state in terms of who
would be shielded from mandatory vaccinations and under what
circumstances. Some legislation would prohibit employer-mandated
vaccinations outright, some would permit mandated vaccinations only
for employees who work in a healthcare facility or with medically
vulnerable populations, and some would expand the
federally-recognized religious exemption to include philosophical
objections or objections of the conscience. Nearly every bill
pertaining to the rights of current or prospective employees
prohibits employers from making vaccination a condition of
employment or taking adverse actions based on an employee’s
COVID-19 vaccination status.

A few bills propose to extend protections against mandatory
vaccinations beyond the employment context. In these states, public
entities-including government agencies and schools-and, in some
cases, even private businesses would be prohibited from denying
entry or refusing to provide goods and services to individuals who
have refused vaccination.

Under some proposed legislation, businesses, employers and
individuals found in violation may be subject to steep fines; civil
liability, often including attorneys fees; and in some
circumstances, even criminal liability and imprisonment.

Please click on the state you are interested in to view
state-specific information:

Alabama

(Pending Legislation):

House Bill 214, and similar House Bill 608, would prohibit employers from
taking adverse actions against current or prospective employees
based on their COVID-19 immunization status. Adverse actions
include discharging, refusing to promote, harassing and reducing
compensation. House Bill 214 would prohibit ticket
issuers-including venue operators, event sponsors, participating
sports teams, theater companies, musical groups and their
agents-from denying persons entry into entertainment events based
on their immunization status. House Bill 608 would prohibit places
of public accommodation from barring entry to individuals based on
their immunization status. House Bill 214 was referred to the
Committee on Commerce and Small Business on February 2, 2021, and
House Bill 608 was referred to the Committee on Health on April 7,
2021.

Senate Bill 97 would prohibit the Governor and
the State Health Officer, during a state of emergency, from
ordering the vaccination of individuals who assert that the vaccine
cannot be administered because of a bona fide medical condition,
religious belief or sincerely-held personal belief. The Bill would
also repeal an Alabama law that sets forth a system for compulsory
vaccination by cities and towns. The Bill was referred to the
Committee on Health on April 15, 2021.

House Joint Resolution 166 memorializes the
state’s COVID-19 Vaccine Bill of Rights. Under Resolution 166,
no individual can be required, coerced, forced or pressured to take
an experimental or investigational medication; physicians and
nurses cannot be asked by their employers to promote a COVID-19
vaccine; and individuals must be given access to independent
information to determine whether vaccination is in their own best
medical interest. Further, the Resolution states that private
businesses within the state have “no legal authority to
require, mandate or coerce medication or experimental medication
for any individuals.” The Resolution was referred to the
Committee on Rules on April 1, 2021.

Alaska

(Pending Legislation):

Senate Bill 56 would permit individuals to
object to vaccination on religious, medical or other grounds, and
those individuals cannot be required to provide justification or
documentation to support their decision. The Bill failed to be
discharged from the Finance Committee on February 12, 2021.

House Bill 175 would prohibit businesses and
other entities from requiring an individual to be vaccinated
against COVID-19 or prove that they have been vaccinated to access
public areas or services. The Bill would also prohibit employers
from requiring employees or applicants to undergo or prove receipt
of vaccination as a condition of employment, and from
discriminating against employees or applicants with regard to
tenure, compensation, benefits and other terms and conditions of
employment on the basis that the employee or applicant refused to
undergo or prove receipt of vaccination. Under the Bill, employees
and applicants may refuse vaccination if it is medically
contraindicated or would be contrary to their sincerely-held
religious beliefs. The Bill was referred to the Community and
Regional Affairs Committee and the Labor and Commerce Committee on
April 14, 2021.

Arizona

(Pending Legislation):

Senate Bill 1648 would prohibit individuals and
entities from requiring persons to (i) take, (ii) be administered,
(iii) receive or (iv) disclose whether they have received a
COVID-19 vaccine as a condition of employment, entry into a public
space or receipt of goods or services. Under the Bill, public space
includes: (a) spaces of public accommodation; (b) indoor or outdoor
buildings; (c) spaces that are owned, leased, operated, occupied or
otherwise used by a public body; and (d) indoor or outdoor
buildings or spaces that are generally open to the public. The Bill
was referred to the Committees on Commerce and Rules on February 3,
2021.

Arkansas

House Bill 1547 prohibits the (i) state, (ii)
state agencies and entities, (iii) political subdivisions of the
state and (iv) state and local officials from requiring an
individual to receive an immunization or vaccine against COVID-19.
Such agencies or entities cannot mandate vaccination as a condition
of (a) education; (b) employment; (c) entry; (d) receipt of
services; or (e) issuance of a license, certificate or permit.
Further, such agencies or entities may not discriminate against or
coerce individuals who refuse a COVID-19 vaccine by withholding
opportunities for career advancement, wage increases or insurance
discounts. State-owned or state-controlled medical facilities
desiring to mandate that individuals receive a COVID-19 vaccine are
required to obtain approval from the Legislative Council.
State-owned and state-controlled medical facilities are not
prohibited from offering incentives to those who do receive a
COVID-19 vaccine. The Bill passed both chambers April 22, 2021 and
is currently awaiting signature by the Governor.

(Pending Legislation):

Senate Bill 615 would prohibit vaccine
passports in the state. Under the Bill, “a vaccine
passport” refers to documentation that an individual has been
vaccinated against, tested negative for or recovered from COVID-19.
The Bill states that the (i) state, (ii) state agencies or
entities, (iii) political subdivisions of the state and (iv) state
or local officials cannot require individuals to use a vaccine
passport for any purpose. Further, a vaccine passport cannot be a
condition for travel, education, employment or receipt of services.
The Bill was referred to the Committee on Public Health, Welfare
and Labor on April 20, 2021.

California

(Pending Legislation):

Assembly Bill 327 would prohibit any public or
private entity, that receives state funding, from requiring
individuals to provide documentation regarding their COVID-19
vaccination status as a condition of receiving any service or
entering any place. The Bill specifically pertains to vaccination
status for any COVID-19 vaccine administered under an emergency use
authorization. The Bill was referred to the Committee on Health and
the Privacy and Consumer Protection Committee on April 15,
2021.

Colorado

(Pending Legislation):

House Bill 21-1191 would prohibit employers,
including licensed healthcare facilities, from taking adverse
actions against employees or applicants based on their COVID-19
vaccination status. The Bill would allow employees or applicants to
file a civil action for injunctive, affirmative and equitable
relief against an employer for violations. Further, the Bill would
prohibit the state from requiring any individual to receive a
COVID-19 vaccination and states that government agencies and
private businesses cannot discriminate against individuals based on
their COVID-19 vaccination status. The Bill was assigned to the
Health and Insurance Committee on March 4, 2021.

Connecticut

(Pending Legislation):

Senate Bill 436 would expand exemptions to
mandatory vaccination laws for school-aged children. The Bill was
referred to the Joint Committee on Education on January 27, 2021.
Contrarily, Senate Bill 568 would eliminate the
non-medical exemption to the immunization requirements for students
in grades Pre-K through 12 attending public or private schools,
those in higher education and children in daycare settings. The
Bill was tabled on April 21, 2021.

House Bill 6269 would prohibit employers,
including licensed healthcare facilities, from taking adverse
actions against employees and applicants who decline to be
vaccinated. An employee or applicant may file a civil action for
injunctive, affirmative and equitable relief against an employer
for violations. The Bill would also prohibit the Department of
Health from requiring health facilities’ employees to be
vaccinated. The Bill was referred to the Joint Committee on Labor
and Public Employees on January 29, 2021.

Delaware

(Pending Legislation):

Senate Bill 58 would remove the state’s
authority to forcibly isolate, quarantine, vaccinate or treat
individuals against their will during a state of emergency related
to COVID-19. The Bill was assigned to the Executive Committee on
February 12, 2021.

District of Columbia

D.C. Act 23-384, prevents employers from
taking adverse actions against employees who (i) refuse to service
customers or clients who are not complying with certain workplace
protections, (ii) have tested positive for COVID-19, (iii) have
been exposed to or are caring for someone with COVID-19, or (iv)
are sick and awaiting COVID-19 test results. Employers also cannot
take adverse actions against employees who attempt to exercise any
right under the Act. Employers can prohibit employees who have
tested positive for COVID-19 from entering the workplace until they
have been cleared by a medical professional or the requisite
quarantine period has ended. Under the Act, the Mayor may impose
penalties of up to $500 for violations. The Law was enacted on
August 13, 2020.

Florida

(Pending Legislation):

Senate Bill 1022 would require childcare
facilities to demonstrate that a minimum percentage of children
enrolled have received immunizations in order to obtain licensure
through the Department of Children and Families. The Bill was
introduced to the Senate Journal on March 2, 2021.

House Bill 6003 would remove the authority of
the State Health Officer to order vaccinations upon declaration of
a public health emergency. A first reading of the Bill occurred on
March 2, 2021.

Senate Bill 364 would prohibit discrimination
based on vaccination or immunity status for any virus. The Bill
would also prohibit businesses or governmental entities that
typically require individuals to present identification from
requiring individuals to receive a vaccination or provide proof of
vaccination. The Bill was introduced to the Senate Journal on March
2, 2021.

Georgia

(Pending Legislation):

House Bill 413 would prohibit the state and
local governments from requiring people to submit to vaccination
against COVID-19 for any reason, including as a condition of (i)
employment, (ii) school attendance, (iii) professional licensure,
(iv) educational certification or degree, (v) admittance to any
place of business or entertainment, or (vi) access to any mode of
transportation. The Bill permits mandatory vaccination if certain
requirements are met (for example, if the vaccine has received
approval beyond emergency use authorization and undergone long-term
clinical trials), but it provides an exemption for individuals who
object in writing that vaccination conflicts with their
philosophical beliefs. A second reading of the Bill occurred on
February 17, 2021.

Hawaii

(Pending Legislation):

House Resolution 123 and House Concurrent Resolution 146 request that
the Civil Rights Commission declare that it does not support any
person or entity treating an individual differently from others
based on their COVID-19 vaccination status or immunity test
results, including discriminating against them or denying them any
service or benefit. The Resolution was referred to the House
Pandemic and Disaster Preparedness Committee on March 15, 2021.

Idaho

Executive Order No. 2021-04 prevents entities
and state officials from producing or issuing a COVID-19 vaccine
passport or requiring proof of receipt of a COVID-19 vaccine to
access state services or facilities. The Executive Order was signed
on April 7, 2021.

(Pending Legislation):

House Bill 63 would protect individuals from
forced or coerced vaccination and prohibit vaccination mandates
throughout the state. Under the Bill, no person can be vaccinated
without their express consent. The Bill was referred to the Ways
and Means Committee on February 1, 2021.

Illinois

(Pending Legislation):

House Bill 3682, the Workplace Vaccination
Program Limitation Act, would prohibit employers from creating,
implementing, or enforcing a workplace vaccination program that
requires any employee to demonstrate that they have received a
COVID-19 vaccine that has only been granted emergency use
authorization and lacks full approval from the FDA. The Bill was
re-referred to the Rules Committee on March 27, 2021.

Senate Bill 2015 would require employees at
certain facilities and departments to receive a COVID-19 vaccine,
if offered. These facilities include: (i) veterans’ homes, (ii)
nursing homes, (iii) the intensive care unit of the University of
Illinois Hospital, and (iv) the intensive care units of hospitals
licensed under the Hospital Licensing Act. The Bill was referred to
the Assignments Committee on February 26, 2021.

Indiana

(Pending Legislation):

Senate Bill 74 would prohibit employers from
requiring, as a condition of employment, current or prospective
employees to receive any immunization, if it is medically
contraindicated or against their religious beliefs or conscience.
The Bill was referred to the Committee on Pensions and Labor on
January 4, 2021.

House Bill 1488 would prohibit employers from
requiring, as a condition of employment, that current or
prospective employees receive immunizations that have only been
granted emergency use authorization and that lack full approval
from the FDA. The Bill would further prohibit employers from
inquiring about or requiring employees to disclose the reason(s)
for refusing immunization. The Bill was referred to the Committee
on Employment, Labor and Pensions on January 14, 2021.

Iowa

(Pending Legislation):

House File 330, and similar Senate File 555, would prohibit employers from
refusing to hire, discharging, penalizing or otherwise
discriminating against employees with respect to compensation or
the terms, conditions or privileges of employment based on
vaccination status, refusal to receive a vaccine or failure to
provide proof of immunity. The protections would allow employees to
decline vaccination for any reason. Employees whose rights were
violated could seek injunctive relief, actual damages, admission,
reinstatement with back pay plus ten percent interest or any other
appropriate relief. House File 330 was referred to the Human
Resources Committee on February 2, 2021, and Senate File 555 was
referred to the Human Resources Committee on April 1, 2021.

House File 217 would amend the current statute
for exemptions from required immunizations and vaccinations to add
an exemption for persons (or parents/guardians of persons) enrolled
in elementary schools, secondary schools or licensed childcare
centers who submit a signed affidavit stating immunization
conflicts with their beliefs. The Bill was referred to the Human
Resources Committee on January 25, 2021.

Kansas

(Pending Legislation):

Senate Bill 213 would prohibit employers from
taking adverse actions against employees who refuse to get a
COVID-19 vaccine. An adverse action is an ultimate employment
decision involving (i) hiring, (ii) firing, (iii) compensation,
(iv) benefits (including leave) or (v) promotions. The Bill would
impose a $1,000 fine on employers for violations. The Bill was
referred to the Committee on Commerce on March 5, 2021.

House Concurrent Resolution 5017 would create a
COVID-19 Vaccine Bill of Rights that would prevent employers from
asking physicians or nurses to promote a COVID-19 vaccine and
prohibit individuals from being forced or pressured to take an
experimental or “investigational” medication, including
by private businesses. The Bill of Rights also states that
interstate carriers (such as airlines and all other forms of public
transportation) would be prohibited from requiring vaccine
passports as a condition of entry into the state. The Resolution
was referred to the Committee on Judiciary on March 16, 2021.

Kentucky

(Pending Legislation):

Senate Bill 8 provides exemptions from
mandatory immunization for any child; emancipated minor; or adult
who, personally or by a parent or guardian, submits a written sworn
statement objecting to immunization based on conscientiously-held
beliefs. In addition, the Bill would prohibit any administrative
regulation, administrative order or executive order from requiring
immunization during an epidemic if a person submits either a
written sworn statement objecting to immunization based on
conscientiously-held beliefs or the written opinion of a physician
that immunization would be injurious to their health. The Bill was
enacted into law on March 28, 2021.

Louisiana

(Pending Legislation):

House Bill 579 would recognize the right of
individual bodily autonomy and the rights of individuals to make
their own healthcare decisions and accept or refuse any (i) health
service, (ii) medical testing, (iii) medical intervention, (iv)
medical treatment or (v) vaccine based on their religious,
philosophical or personal beliefs. The Bill would prohibit denying,
restricting, infringing upon or imposing conditions on an
individual’s: (a) employment; (b) travel; (c) education; (d)
childcare; (e) religion; (f) benefits; (g) insurance; (h) entry
into a governmental office or other publicly owned facility; or (i)
participation in sports, camps or other recreation based on their
refusal of a treatment or vaccine. The Bill allows individuals to
bring a civil action for violations in pursuit of injunctive
relief; compensatory and punitive damages, costs and attorney fees;
and other appropriate relief. The Bill was referred to the
Committee on Health and Welfare on April 12, 2021.

House Bill 349 would prohibit the Office of
Motor Vehicles from making the issuance, renewal or revocation of a
state issued special identification card contingent on vaccination
or immunity status. The Bill was referred to the Committee on
Transportation, Highways and Public Works on April 12, 2021.

House Bill 498 would prohibit state and local
government agencies and officials from discriminating against
individuals based on their vaccination or immunity status. The Bill
specifically states that the prohibition does not apply in the
context of immunization requirements imposed by law on schools and
educational institutions. The Bill was referred to the Committee on
Civil Law and Procedure on April 12, 2021.

House Resolution 20 would authorize and direct
facilities that are requiring students to receive the COVID-19
vaccine, including: (i) licensed daycare centers, (ii) K-12
schools, (iii) colleges and universities and (iv) vocational
schools, to fully inform them that the vaccine has only been
granted emergency use authorization and lacks full approval from
the FDA and that they have the right to refuse the vaccination for
reasons of health, religion or conscience. The Resolution was
referred to the Committee on Education on April 20, 2021.

Maine

An Act to Protect Maine Children and Students from
Preventable Diseases by Repealing Certain Exemptions from the Laws
Governing Immunization Requirements removes certain exemptions
from laws governing immunization requirements. Specifically, the
Act eliminates all non-medical vaccine opt-outs for students at
public and private schools, universities and nursery schools.
Healthcare facilities and employees are also no longer permitted to
refuse vaccination for non-medical reasons. The Act was signed into
law on May 24, 2019.

(Pending Legislation):

An Act to Prohibit Mandatory COVID-19 Vaccinations
for 5 Years To Allow for Safety Testing and Investigations into
Reproductive Harm would prevent mandatory vaccinations for
COVID-19 for five (5) years from the date of the first emergency
use authorization to allow for “safety testing and
investigations into reproductive harm.” The Bill was carried
over to a subsequent special or regular session of the 130th
Legislature on March 30, 2021.

Maryland

(Pending Legislation):

House Bill 1171, the Maryland Employee
Protection Plan for Vaccine Refusal, would prohibit an employer
from terminating an employee for refusing the COVID-19 vaccine. The
Bill provides that employees who refuse vaccination waive the right
to file a civil action against their employer if they contract
COVID-19 during the course of employment. The Bill was referred to
the Economic Matters Committee on February 8, 2021.

House Bill 1150 would prohibit public schools
from requiring a physician’s certification of immunization as a
condition of admission, if a child’s parent or guardian objects
to immunization based on their bona fide religious beliefs. The
Bill would also prohibit an individual from being required to
provide medical information, including proof of vaccination, to
obtain employment or to travel. The Bill was referred to the Health
and Government Operations Committee on February 8, 2021.

Massachusetts

(Pending Legislation):

House Bill 2411 would remove a provision from
Massachusetts law that states: “in the absence of an emergency
epidemic of disease declared by the Department of Public Health, a
parent or guardian who states in writing that vaccination or
immunization conflicts with their sincere religious beliefs cannot
be required to submit a physician’s certification of
immunization in order for their child to be admitted to
school.”

Contrarily, Senate Bill 1517 would remove the
aforementioned provision but replace it with new language that
creates exemptions to immunization for medical and religious
reasons. Senate Bill 1517 would apply to: (i) childcare centers,
(ii) public preschools, (iii) public and private K-12 schools, (iv)
recreational camps and (v) public and private institutions of
higher education. The Bill would require the Department of Public
Health to create standardized exemption application forms that
contain certain elements and approve or deny submitted
applications. Under the Bill, private institutions would have the
discretion to allow medical exemptions only. Both Bills were
referred to the Joint Committee on Public Health on March 29,
2021.

Michigan

(Pending Legislation):

House Bill 4471, the Informed Consent in the
Workplace Act, would prohibit employers from discriminating against
individuals because they have not received or have refused certain
vaccinations, including a COVID-19 vaccination. Under the Bill, an
employer cannot: discharge; refuse to hire or recruit; discriminate
with respect to employment, compensation, or a term, condition, or
privilege of employment; or threaten to do so based on a
person’s vaccination stance or status. Employers would also be
prohibited from requiring unvaccinated employees to wear a surgical
face mask or display a mark distinguishing them from vaccinated
employees. The Bill further prohibits employers from disclosing
their employees’ vaccination status to the public or
retaliating against employees for filing a complaint. Employees can
file a civil suit for violations, and the Bill authorizes
injunctive relief, reasonable attorney fees and treble damages. The
Bill was referred to the Committee on Workforce, Trades and Talent
on March 23, 2021.

Minnesota

(Pending Legislation):

House File 41 would prohibit vaccine
administration without the written consent of the person receiving
the vaccine. Under the Bill, an individual’s decision not to
receive a vaccination is an impermissible basis to deny them the
ability to engage in commerce. The Bill would further bar the
government and businesses operating in the state from
discriminating against an individual based on immunization status
or requiring individuals to present proof of vaccination to enter
buildings open to the public. Violations could result in a felony
charge with a minimum sentence of ten (10) years in prison. The
Bill was referred to the Health and Human Services Policy Committee
December 14, 2020.

House File 1243 would prohibit vaccine
administration without the written consent of the person receiving
the vaccine. The Bill explicitly states that even during a state of
emergency, the written consent requirement applies. Further, the
Bill prohibits any government official or agent from attempting to
coerce or compel individuals to consent to vaccination by
withholding a government benefit or any form of government
assistance. The Bill was re-referred to the Health Finance and
Policy Committee on March 4, 2021.

House File 1245, and companion Senate File 2394, are similar to House File
1243, but also prohibit the government and businesses from
discriminating against individuals based on their vaccination
status. In addition, the Bills state that individuals cannot be
denied the ability to engage in commerce based on their vaccination
status and imposes a felony penalty and minimum of ten (10)
years’ imprisonment for violations. House File 1245 was
referred to the Health Finance and Policy Committee on February 18,
2021, and Senate File 2394 was referred to the Health and Human
Services Finance and Policy Committee on April 12, 2021.

House File 2159 would prohibit vaccine
administration without the written consent of the person receiving
the vaccine. The Bill would further prohibit a government entity or
political subdivision from requiring that patrons show proof of
vaccination. Under the Bill, individuals or businesses could file a
civil claim for violations seeking injunctive relief and $50,000 or
more in damages for initial violations or $100,000 or more in
damages for second and subsequent violations. The Bill was referred
to the Health Finance and Policy Committee on March 11, 2021.

House File 2347, the Vaccine Recipient Bill of
Rights, would ensure that individuals have the right to determine
whether obtaining a vaccine is in their own best medical interest
without threat to their “livelihood, ability to attend school
or freedom of movement.” The Bill also requires that
individuals give informed consent before vaccination and prohibits
employers from asking health care providers to promote a COVID-19
vaccine. Under the Bill, private businesses would be prohibited
from requiring or coercing individuals to obtain a vaccine. The
Bill was referred to the Health Finance and Policy Committee on
March 22, 2021.

House File 2348 would establish a vaccine bill
of rights that would allow individuals to determine what is in
their own best medical interest and prohibit them from being
coerced into taking an experimental or investigational medication.
Under the Bill, out-of-state commercial vendors are prohibited from
mandating that venue operators and organizers require patrons to
provide proof of vaccination before entry. Vaccinations for PreK-12
students cannot be required unless medical and conscience-based
exemptions are allowed. Further, interstate carriers would be
prohibited from requiring carrier crews and customers to be
vaccinated. The Bill was referred to the Health Finance and Policy
Committee on March 22, 2021.

House File 2511, and companion Senate File 2430, would prohibit government
entities and agents from issuing vaccine passports or other
standardized documents designed to certify an individual’s
COVID-19 vaccination or immunity status. The Bill would also
prohibit businesses requiring patrons or customers to provide proof
of vaccination or immunity in order to gain access into or services
from the business. House File 2511 was referred to the Health
Finance and Policy Committee on April 12, 2021, and Senate File
2430 was referred to the Health and Human Services Finance and
Policy Committee on April 16, 2021.

Mississippi

Mississippi’s relevant pending legislation died in
committee.

Missouri

(Pending Legislation):

House Bill 838 would prohibit any public
employer from requiring any public employee to receive a COVID-19
vaccination. The Bill would also prohibit a political subdivision
from adopting any ordinance, rule or regulation requiring a public
employer to implement a policy mandating COVID-19 vaccination for
public employees. The Bill was referred to the Committee on Rules –
Legislative Oversight on April 7, 2021.

House Bill 566 would prohibit governmental
entities from requiring any person to receive an immunization
against a contagious illness and prohibit employers from requiring
their employees to receive immunizations. The Bill would further
prohibit employers from terminating, disciplining, demoting or
otherwise discriminating against employees with respect to
compensation or the terms, condition or privileges of employment
based on their refusal to receive an immunization. The Bill was
read for the second time on January 7, 2021.

Montana

House Bill 334 provides a religious exemption
to student immunization requirements, permitting students to attend
without immunizations if they file a signed and notarized form
stating that immunization is contrary to their religious tenets and
practices. The Bill also includes a medical exemption, and students
can refrain from required immunizations if they file a written
medical exemption statement signed by a healthcare provider and
attesting that immunization would be unsafe given the student’s
medical circumstances. The Bill was passed by the legislature on
April 13, 2021 and will take effect July 1, 2021.

(Pending Legislation):

Senate Bill 132 would require that
accommodations to employer-mandated vaccination be uniformly
applied. If an employer requires employees to be vaccinated but
offers alternatives (such as religious exemptions) to certain
employees, those alternatives must be offered to all employees. The
Bill was tabled in the Second House Committee on February 19,
2021.

House Bill 702 would prohibit discrimination
based on a person’s vaccination status or possession of an
immunity passport. Under the Bill, it is an unlawful discriminatory
practice for a person or a governmental agency to refuse or deny a
person local or state services, advantages or employment
opportunities based on their vaccine or immunity status. The Bill
provides that a person or governmental agency may require
vaccination as long as they allow individuals to decline for
medical or religious reasons. The Bill was referred to the Public
Health, Welfare and Safety Committee on April 9, 2021.

House Resolution 6 expresses the House’s
opposition to the COVID-19 vaccination requirement being imposed as
a condition of attendance at any unit of the Montana University
System. The Resolution was tabled on April 13, 2021.

Nebraska

(Pending Legislation):

Legislative Bill 643 would give individuals
the right to decline mandatory vaccine directives from the state.
In addition, parents would be permitted to decline vaccination for
their children, and employers could decline vaccination for their
employees. The Bill explicitly says that anyone who declines a
mandatory vaccination will not be subject to penalty, litigation or
punishment from the state. The Bill was referred to the Health and
Human Services Committee on January 22, 2021.

Legislative Bill 447 would change provisions
relating to immunization under the Child Care Licensing Act.
Specifically, the Bill would eliminate parents’ ability to opt
out of their children’s immunizations before sending them to
licensed childcare centers, unless they provide certification from
a medical provider that immunization is not appropriate for a
stated medical reason. The Bill was referred to the Health and
Human Services Committee on January 20, 2021.

Nevada

At this time, Nevada has no relevant pending legislation.

New Hampshire

(Pending Legislation):

House Bill 220 would establish a policy of
medical freedom with regard to immunizations for communicable
diseases. The Bill further states that no person may be
discriminated against for refusal of an unwanted medical
intervention, including immunization. The Bill was referred to the
Health and Human Services Committee on April 8, 2021.

New Jersey

The New Jersey Law Against Discrimination
prohibits employers from mandating anything that would require an
employee to violate or forego a sincerely-held religious
belief.

On March 19, 2021, the Official State of New Jersey website
provided some clarification on the Law Against
Discrimination as it relates to COVID-19, stating that “[a]n
employer can require that an employee receive the COVID-19 vaccine
in order to return to the workplace, unless the employee cannot get
the vaccine because of a disability, because their doctor has
advised them not to get the vaccine while pregnant or
breastfeeding, or because of a sincerely held religious belief,
practice or observance. . . . [I]f there is no reasonable
accommodation that your employer can provide that would mitigate
the risk of COVID-19 transmission to its employees and customers,
then your employer can enforce its policy of excluding unvaccinated
employees from the physical workplace, even if you are unvaccinated
because of a disability, pregnancy or breastfeeding or a sincerely
held religious belief.” Examples of reasonable accommodations
include allowing unvaccinated employees to work remotely or
providing them with personal protective equipment to mitigate the
risk of COVID-19 transmission and exposure.

(Pending Legislation):

Assembly Bill 5096 prohibits the following
entities from mandating that any person receive a COVID-19 vaccine:
(i) State, county and local government entities; (ii) public and
private childcare centers; (iii) preschool programs; (iv)
elementary and secondary schools; and (v) higher education
institutions. The Bill’s restrictions would not apply to
healthcare workers, individuals employed by or providing services
at a healthcare facility, or others required to receive a
vaccination as a condition of working with a medically-vulnerable
population. The healthcare worker exemption will be subject to an
exception for those objecting based on sincerely-held religious
beliefs. Further, the Bill would require the New Jersey Department
of Health to establish a program to reimburse healthcare workers
and others required to be vaccinated for their out-of-pocket costs.
The Bill was referred to the Assembly Health Committee on December
10, 2020.

New Mexico

(Pending Legislation):

Senate Bill 408 provides for a “right of
bodily integrity,” which includes a person’s right to
accept or reject medical interventions free from any threat or
compulsion. Under the Bill, medical intervention includes both
puncturing a person’s skin and inserting a foreign substance
into a person’s body, so vaccination would qualify. The Bill
states that it is an unlawful discriminatory practice for an
employer to refuse to hire, discharge, refuse to promote or demote
someone for exercising their “right to bodily integrity.”
The Bill was referred to the Senate Health and Public Affairs
Committee on February 18, 2021.

Senate Bill 232 would permit a parent or
guardian to object to their child’s immunization, if (i) a
physician certifies that immunization would seriously endanger the
life or health of the child, (ii) a religious officer affirms the
child is of a denomination that “requires reliance upon prayer
or spiritual means alone for healing,” or (iii) the parent or
guardian submits an affidavit stating that their religious beliefs
or “reasons of conscience” do not permit administration
of a vaccine. The Senate Health and Public Affairs Committee issued
a do pass recommendation on February 24, 2021.

New York

Under New York Public Health Law, there are currently
no non-medical exemptions from vaccination requirements for
children. In 2019, the state legislature repealed the exemption for
those with religious beliefs against vaccination, still allowing
for medical exemptions to immunization.

(Pending Legislation):

Assembly Bill 2081 would amend the Public
Health Law to direct the Commissioner of the New York Department of
Health to mandate a COVID-19 vaccine for persons residing in or
working at residential healthcare facilities. The Bill was referred
to the Health Committee on January 14, 2021.

Assembly Bill 4602 would prohibit mandatory
vaccination as a condition of employment. Further, no COVID-19
immunization could be required for participation in the following
activities: (i) school or daycare attendance (for both students and
staff), (ii) travel, (iii) receipt of government services, (iv)
entrance into public buildings, (v) use of public transportation or
(v) nursing home residency. Further, the Bill states that no person
shall be required to have, carry or present evidence of having
received immunization against COVID-19, and government entities
cannot provide financial rewards or incentives to individuals who
receive a COVID-19 vaccine or health care providers who
“achieve targeted vaccination rates.” Similarly, Assembly Bill 4269 and identical Senate Bill 4376 prohibit mandatory COVID-19
vaccinations. The Bills specifically prohibit the required
vaccination of children under the age of eighteen and incapacitated
individuals. Senate Bill 4367 was referred to the Health Committee
on February 3, 2021, and Assembly Bills 4269 and 4602 were referred
to the Health Committee on February 1, 2021 and February 3, 2021,
respectively.

Senate Bill S02677 would provide a religious
exemption to vaccination requirements for school attendance for
children whose parents hold genuine and sincere religious beliefs
against vaccination. The Bill was referred to the Health Committee
on January 22, 2021.

Senate Bill S02678 would amend the existing
medical exemption to mandatory vaccinations to protect providers
against allegations of misconduct for failing to immunize an
individual or for certifying that immunization would be detrimental
to a patient’s health. The Bill was referred to the Health
Committee on January 22, 2021.

North Carolina

Under the North Carolina Occupational Safety and Health
Act, employers are not authorized to mandate immunization for
those who object to immunization on religious grounds, except where
it is necessary for the protection of the health or safety of
others.

(Pending Legislation):

House Bill 558 would make it unlawful for the
state to mandate vaccinations against particular illnesses,
including COVID-19. Further, a person cannot be subject to civil or
criminal liability for refusing a vaccination, nor can an agency
require vaccination as a condition of the receipt, renewal or
reinstatement of a license. The Bill explicitly states that the
decision to receive or not receive a vaccination is “a private
matter” and, therefore, those who refuse vaccination are not
required to submit written statements detailing their moral or
philosophical objections. In addition, hospitals cannot refuse to
provide healthcare services based on a person’s vaccination
history or discriminate against physicians, residents or interns
based on their vaccination status.

Under the Bill, it would be an unlawful employment practice to:
(i) fail or refuse to hire, (ii) discharge, (iii) penalize or (iv)
otherwise discriminate against an individual because of their
vaccination status. It would also be discriminatory to deny any
individual the full and equal enjoyment of: (a) goods, (b)
services, (c) privileges, (d) advantages, (e) facilities and (f)
public spaces on the basis of their vaccination or immunity status.
The Bill was referred to the Committee on Health on April 15,
2021.

North Dakota

At this time, North Dakota has no
relevant pending legislation.

Ohio

(Pending Legislation):

House Bill 253 states that no individual can be
required to show proof of a COVID-19 vaccination in order to enter
the state or a building or facility that is controlled, operated or
owned by a state agency. Under the Bill, political subdivisions and
state agencies would be prohibited from adopting; enacting; or
issuing any order, ordinance, resolution or rule that would require
an individual to show proof of vaccination against COVID-19. The
Bill was referred to the Health Committee on April 14, 2021.

House Bill 248, the Vaccine Choice and
Anti-Discrimination Act, would permit an individual to decline a
required vaccination, whether verbally or in writing, based on
medical contraindications, natural immunity or reasons of
conscience (including religious convictions). The Bill would
further require that persons, political subdivisions, public
officials or state agencies mandating vaccination notify
individuals of the available exemptions. The Bill was referred to
the House Health Committee on April 14, 2021.

Oklahoma

(Pending Legislation):

Senate Bill 671 would prohibit state entities
or political subdivisions from directly or indirectly compelling or
coercing people to receive any immunization, inquiring into a
person’s immunization status or requiring disclosure of
immunization status. In addition, the Bill provides that no person
can be punished or fined for refusing vaccination. The Bill was
referred to the Health and Human Services Committee on February 2,
2021.

Senate Bill 765 would prohibit employers from
requiring current or prospective employees to receive a COVID-19
vaccination as a condition of employment. Employers who recommend
that current and prospective employees obtain a COVID-19
vaccination would be required to pay for the cost of the
vaccination. The Bill would also require employees who voluntarily
get a COVID-19 vaccination to sign a written statement explaining
their right to refuse the vaccination without retaliation or
discrimination. Any violation of the Bill would constitute a
misdemeanor punishable by a fine of up to $100. The Bill was
referred to the Business, Commerce and Tourism Committee on
February 2, 2021.

Senate Bill 846 would prohibit employers from
requiring current or prospective employees to obtain a COVID-19
vaccination or disciplining, terminating or refusing to hire
employees for not getting vaccinated if fetal cells were used in
the development of the vaccine and such practice violates their
sincerely-held religious beliefs. In addition, businesses would be
prohibited from discriminating against or refusing services to
individuals who refuse vaccination under these circumstances. A
violation would constitute a misdemeanor punishable by a fine of up
to $100. The Bill was referred to the Business, Commerce and
Tourism Committee on February 2, 2021.

House Bill 1057 and House Bill 1671 would prohibit public and
private employers from requiring a COVID-19 vaccination as a
condition of employment. House Bill 1057 and House Bill 1671 were
referred to the States Rights Committee and the Rules Committee,
respectively, on February 2, 2021.

House Bill 2335 would prohibit state agencies
from imposing a vaccination requirement on any member of the
general public. The Bill would also prohibit discrimination against
or penalization of any individuals who decline vaccination for
themselves or their children. Under the Bill, state agencies
exclude counties, municipalities, hospitals and healthcare
facilities owned by the state or a county, the Oklahoma Military
Department, and the Oklahoma Department of Veterans Affairs. The
Bill received a pass recommendation from the Committee on Health
and Human Services on April 5, 2021.

Oregon

Oregon Revised Statue 433.416 prohibits
employers from requiring vaccinations as a condition of employment
for healthcare workers, unless vaccination is otherwise required by
federal or state law, rule or regulation. Under Oregon law,
“healthcare worker” is broadly defined to include: (i)
persons licensed to provide healthcare, (ii) employees of
healthcare facilities, (iii) licensed healthcare providers
(including clinical laboratories), (iv) firefighters, (v) law
enforcement and corrections officers and (vi) parole or probation
officers.

Pennsylvania

(Pending Legislation):

House Bill 262, the Right to Refuse Act, would
prohibit employers from discharging, refusing to hire, threatening
or otherwise discriminating or retaliating against current or
prospective employees who refuse to participate in a vaccination or
an invasive medical test required by the employer. Employers would
also be prohibited from taking adverse actions against employees
who inform other employees of these provisions. Under the Bill,
employees who experience discrimination or retaliation would have
the right to bring a civil action against their employer within
three (3) years of the violation and would be entitled to
reinstatement, restitution (equal to three times the amount of the
employee’s wages and fringe benefits), reasonable attorney fees
and costs, and any other court-approved relief. The Bill was
referred to the Committee on Labor and Industry on January 26,
2021.

Senate Bill 471, the Medical Freedom Act,
would prohibit the Commonwealth, its political subdivisions or its
agents, from mandating that persons receive a vaccination. If an
official or entity recommends vaccination, they must provide notice
that the recommendation is not mandatory. Furthermore, the Bill
states that persons who exercise the right not to be vaccinated-or
the “inalienable right to bodily integrity”-cannot be
denied any right or privilege, on the basis of their refusal to be
vaccinated, of: (i) citizenship, (ii) employment, (iii) access to
education, (iv) the ability to travel, (v) entry into a public
place, (vi) the ability to purchase goods or (vii) medical care.
Under the Bill, employers would be prohibited from taking the
following adverse actions against individuals who refuse
vaccination: (a) termination, (b) suspension, (c) involuntary
reassignment, (d) unpaid leave, (e) demotion,(f) harassment or (g)
coercion. The Bill was referred to the Health and Human Services
Committee on March 25, 2021.

Rhode Island

(Pending Legislation):

House Bill 5989 would prohibit discrimination
against individuals who refuse to be vaccinated or show proof of
vaccination with respect to employment, public accommodations and
any form of loan or credit. The Bill would make it an unlawful
employment practice to (i) refuse to hire, (ii) discharge, (iii)
penalize or (iv) discriminate against an individual, including any
healthcare professional, based on their vaccination history. The
House Judiciary Committee recommended that the Bill be held for
further study on April 6, 2021.

South Carolina

(Pending Legislation):

House Bill 3511 would prohibit employers from
taking any adverse actions, including (i) termination, (ii)
suspension, (iii) involuntary reassignment or (iv) demotion,
against employees who refuse a COVID-19 vaccine. Related House Bill 3217 would allow individuals to opt
out of infectious or contagious disease vaccinations for any reason
and prohibit regulatory authorities from interfering with the
prescribing practices of a practitioner. Both Bills were referred
to the Committee on Medical, Military, Public and Municipal Affairs
on January 12, 2021.

Senate Bill 177, and similar House Bill 3711, would prevent any person from
being compelled to receive a COVID-19 vaccination and prohibit
employers from taking adverse actions-including (i) termination,
(ii) suspension, (iii) involuntary reassignment or (iv)
demotion-against employees who choose not to be vaccinated. Senate
Bill 177 states that individuals treating or caring for vulnerable
populations (persons over the age of sixty (60) or with underlying
medical conditions) can be required to receive a vaccination. The
Bill has no prohibition against an employer encouraging, promoting
or administering vaccinations or offering incentives to employees
who choose to be vaccinated. Senate Bill 177 was referred to the
Committee on Medical, Military, Public and Municipal Affairs on
April 13, 2021, and House Bill 3711 was referred to the Judiciary
Committee on January 26, 2021.

South Dakota

(Pending Legislation):

House Bill 1159 would prohibit interference
with the “right to bodily integrity” in contagious
disease control. The Bill prohibits any discrimination or
retaliation against those who refuse a vaccine with respect to: (i)
association, (ii) education, (iii) employment, (iv) housing, (v)
property rights, (vi) public accommodations or (vii) public
services. The Bill allows employers to screen any person entering
the workplace in order to determine if they have an infectious or
possibly contagious disease, as long as the screening is
job-related and consistent with business necessity. The Bill passed
in the Health and Human Services Committee on February 11,
2021.

House Bill 1097 would provide for philosophical
exceptions to required vaccinations for school children and
students enrolling in public or private postsecondary education.
The Bill would allow parents or guardians to present a signed
written statement indicating that they are opposed to immunization
because of a sincerely-held religious or philosophical belief. The
Bill passed the Health and Human Services Committee on February 11,
2021.

Tennessee

(Pending Legislation):

Senate Bill 564, and corresponding House Bill 1269, create a civil cause of
action for discrimination based on whether an individual has or has
not received a COVID-19 vaccine or has opted not to receive the
vaccine. Prohibited discrimination includes a direct or indirect
act or practice of: (i) exclusion, (ii) distinction, (iii)
restriction, (iv) segregation, (v) limitation, (iv) refusal, (v)
denial, (vi) differentiation or (vii) preference. The Bills would
impose a $1,000 fine for the first act of discrimination, a $10,000
fine for the second act of discrimination and a $750,000 fine for a
third or subsequent act of discrimination. As of April 13, 2021,
Senate Bill 564 is still being considered in the Senate Judiciary
Committee, and House Bill 1269 is being considered by the Civil
Justice Committee.

Senate Bill 1308 and corresponding House Bill 1147 prohibit employers and state
and local government from requiring employees to receive a COVID-19
vaccine as a condition of maintaining employment. The Bills further
prohibit employers and government entities from taking adverse
actions against employees for refusing to receive the vaccine. As
of March 30, 2021, Senate Bill 1308 was assigned to the Senate
Commerce and Labor Committee, and House Bill 1147 is being
considered by the Commerce Committee.

Senate Bill 187 and corresponding House Bill 13 prohibit state and local
authorities from forcing, requiring or coercing an individual to
receive a COVID-19 vaccination against their will. Senate Bill 187
was recommended for passage on March 31, 2021, and House Bill 13
was passed on first consideration on April 22, 2021.

Senate Bill 1313 and corresponding House Bill 1421 would prohibit schools from
forcing, coercing or requiring students to receive a COVID-19
vaccination. Schools would also be prohibited from taking adverse
actions against students who refuse vaccination. Under the Bills,
students choosing to be vaccinated would have to provide written
consent themselves or through a parent or guardian. As of April 19,
2021, Senate Bill 1313 is still under consideration by the Senate,
and House Bill 1421 is being considered by the House Health
Committee.

Texas

(Pending Legislation):

House Bill 1687 would prohibit employment
discrimination based on an employee’s COVID-19 vaccination
status. Under the Bill, an employer commits an unlawful employment
practice if they fire, fail to hire or otherwise discriminate
against an unvaccinated individual with respect to compensation or
the terms, conditions or privileges of employment. The Bill also
prohibits discrimination by labor organizations and employment
agencies. A labor organization commits an unlawful practice if it
excludes or expels someone from membership or otherwise
discriminates against a member because they have not received the
vaccine. Similarly, an employment agency commits an unlawful
practice if it classifies or refers for employment, fails or
refuses to refer for employment, or otherwise discriminates against
an individual because they have not received the vaccine. The Bill
was referred to the International Relations and Economic
Development Committee on March 9, 2021.

Utah

(Pending Legislation):

House Bill 308 prohibits governmental entities
from requiring an individual to receive a COVID-19 vaccine. A
governmental entity includes: (i) an executive agency, (ii) the
legislative branch, (iii) the judicial branch, (iv) the State Board
of Education, (v) the Utah Board of Higher Education, (vi)
institutions of higher education and (vii) political subdivisions
of the state (including school districts). Such entities may not
make receipt of the vaccine a condition of employment,
participation in activities or attendance at events that are hosted
or sponsored by the entity. This prohibition does not apply to an
employee who works in a public health or medical setting and are
required to receive vaccinations in order to perform their assigned
duties and responsibilities. The Bill was signed into law on March
16, 2021.

Vermont

(Pending Legislation):

House Bill 283 would prohibit any interference
with an individual’s rights to bodily autonomy; to make their
own health care decisions; and to accept or refuse any (i) health
or medical intervention, (ii) testing, (iii) treatment or (iv)
vaccine based on the their own religious, conscientious or personal
beliefs. The Bill was referred to the Committee on Human Services
on February 18, 2021.

Virginia

(Pending Legislation):

Senate Bill 1116 and similar House Bill 2268 would expand the religious
exemption to the immunizations required for attendance at a (i)
public or private elementary, (ii) middle or secondary school;
(iii) childcare center; (iv) nursery school; (v) family daycare
home or (vi) developmental center. Under the Bills, the exemption
would apply even when there is an ongoing emergency or epidemic of
disease. To elect the exemption, a parent or guardian needs to
simply object that the administration of the vaccine conflicts with
their religious tenets or practices. The existing medical exemption
would remain unchanged. Senate Bill 1116 was passed by indefinitely
on January 21, 2021, and House Bill 2268 was tabled in the Health,
Welfare and Institutions Committee on January 28, 2021.

House Bill 2242 would prohibit the following
agencies from requiring a person to undergo vaccination for
COVID-19: (i) the State Health Commissioner, (ii) the Board of
Health, (iii) the Board of Behavioral Health and Developmental
Services, (iv) the Department of Health Professions and (v) the
Department of Social Services. The Bill would also prohibit
discrimination based on a person’s vaccination status with
respect to education, employment, insurance, issuance of a
driver’s license and more. The Bill further states that a
person who receives a vaccination cannot be included in the
Virginia Information System unless they have consented in writing
to inclusion of their information. The Bill was tabled in the
Health, Welfare and Institutions Committee on January 28, 2021.

Washington

(Pending Legislation):

House Bill 1305 would prohibit employers from
requiring employees to submit to vaccination as a condition of
employment. Under the Bill, individuals “retain the right to
be free and independent and maintain their inalienable and
fundamental right of self-determination to make their own health
decisions,” including the right to refuse health related
measures such as a vaccination. The Bill also prohibits public and
private entities from infringing upon, putting conditions on,
restricting or taking away a person’s ability to fully
participate in: (i) important services, (ii) employment, (iii)
education, (iv) religion, (v) travel, (vi) sports, (vii) hobbies,
(viii) entertainment and (ix) lifestyle preferences based on their
refusal to be vaccinated. The Bill was referred to the Health Care
and Wellness Committee on January 19, 2021.

Senate Bill 5144 would prohibit a state agency
from requiring a COVID-19 vaccination as a condition of employment.
The Bill would also prohibit the following persons from directly or
indirectly requiring employees to receive a COVID-19 vaccination:
(i) employers; (ii) schools; (iii) universities; (iv)
transportation providers or (v) any place of public resort,
accommodation, assemblage or amusement. This Bill was referred to
the Health and Long Term Care Committee on January 12, 2021.

House Bill 1065 would prohibit public and
private employers from requiring the COVID-19 vaccine as a
condition of employment, unless the vaccine meets certain
standards, including full FDA approval and testing regarding
long-term effects and efficacy. The Bill would also prohibit
employers from requiring the COVID-19 vaccination if an employee
has a medical, philosophical or religious objection to the vaccine.
This Bill was referred to the Health Care and Wellness Committee on
January 11, 2021.

House Bill 1570 would prohibit governmental
entitles from requiring individuals to present proof of a COVID-19
vaccination in order to be permitted to access a public space.
Governmental entities include any unit of state or local
government. Public places include sites accessible to the general
public for business, entertainment or another lawful purpose. The
Bill was referred to the Health Care and Wellness Committee on
April 5, 2021.

House Bill 1006 would protect the right of
every Washington resident to decline an immunization or vaccination
based on religion or conscience. The Bill was referred to the
Health Care and Wellness Committee on January 11, 2021.

West Virginia

(Pending Legislation):

House Bill 4114, the Informed Consent
Protection Act, and related Senate Bill 301 would prohibit healthcare
workers or healthcare facilities from discriminating against a
patient solely on the basis that the patient has chosen to delay or
decline vaccination. A penalty of $1,000 will be levied for an
initial violation, and upon a second violation, the license of the
practitioner or facility may be revoked or suspended. The Bill was
referred to the Health and Human Resources Committee on January 13,
2020.

Wisconsin

(Pending Legislation):

Assembly Bill 23 and companion Senate Bill 4 prohibit the Department of
Health Services and local health officers from mandating COVID-19
vaccination. Assembly Bill 23 was presented to the Governor on
April 21, 2021, and Senate Bill 4 was referred to the Committee on
Rules on March 17, 2021.

Assembly Bill 25 and companion Senate Bill 5 would prohibit employers from
requiring current or prospective employees to receive a COVID-19
vaccine or show proof of receipt as a condition of employment.
Assembly Bill 25 was referred to the Committee on Senate
Organization on March 24, 2021, and Senate Bill 5 received a
passage recommendation by the Committee on Human Services, Children
and Families on January 22, 2021.

Wyoming

At this time, Wyoming has no relevant pending legislation.

Originally published March 05, 2021, updated: April 20,
2021

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