210966-2:n:04/06/2021:AHP*/cmg LSA2021-647R1




HB608
By Representative Meadows
RFD Health
Rd 1 07-APR-21


SYNOPSIS:This bill would prohibit an employer from taking adverse action against an employee or potential employee based on the employee's immunization status relating to any vaccination that has not received full FDA approval or that is given as part of a research protocol or that is experimental, and any vaccines for the coronavirus.
This bill would also prohibit a place of public accommodation, or a facility operated or maintained by a government entity, from refusing entry, where otherwise permitted, to an individual based on that individual's immunization status relating to any vaccination that has not received full FDA approval or that is given as part of a research protocol or that is experimental, and any vaccines for the coronavirus.

A BILL
TO BE ENTITLED
AN ACT

Relating to health; to prohibit employers from taking adverse action against employees or potential employees based on immunization status; and to prohibit a place of public accommodation or a facility operated or maintained by a government entity from refusing entry, where otherwise permitted, to an individual based on that individual's immunization status.

BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:

Section 1. (a) For the purposes of this section, the following terms have the following meanings:

(1) ADVERSE ACTION. To discharge, refuse to promote, demote, harass during the course of employment, or discriminate against in matters of compensation against an employee or to refuse to hire a potential employee.

(2) CORONAVIRUS. Any virus in the family of viruses known as a coronavirus, a group of RNA viruses that cause a variety of respiratory, gastrointestinal, and neurological diseases in humans.

(3) EMPLOYER. An individual or entity in this state that, at any time, employs an individual or individuals who reside in this state to perform services of any nature. The term includes any individual who has control of the payment of wages for services or who is the officer, agent, or employee of the individual having control of the payment of wages.

(4) IMMUNIZATION STATUS. The status of either having received or not received a vaccination for coronavirus or any other immunization that has not received full FDA approval or any vaccine that is given as part of a research protocol or is experimental.

(5) PUBLIC ACCOMMODATION. The same meaning as defined in 42 U.S.C. 12181, except that it shall include any place of lodging offering a room or rooms for rent, regardless of size or number.

(b)(1) Notwithstanding any other provision of law, an employer shall not take adverse action against an employee or potential employee based on that employee or potential employee's immunization status.

(2) A current employee, former employee, or potential employee may pursue a civil cause of action against an employer for any violation of subdivision (1). Available remedies include, but are not limited to, the following:

a. Injunctive relief.

b. Back pay.

c. Punitive damages.

(c) A public accommodation or a facility operated or maintained by the state, or any political subdivision of the state, may not prohibit entry, where otherwise permitted to members of the public, to an individual based upon that individual's immunization status.

Section 2. This act shall become effective immediately upon its passage and approval by the Governor, or its otherwise becoming law.


Health
Vaccinations
Immunizations
Employers
Discrimination