SB 74 – Workplace Immunization Prohibition
Authored by Sen. Dennis Kruse (R-Auburn)
Prohibits an employer from requiring, as a condition of employment, an employee or prospective employee to receive any immunization if the immunization is medically contraindicated for the employee or receiving the immunization is against the employee’s religious beliefs or conscience. Allows for a civil action against an employer for a violation.
Chamber position: Oppose
The latest: Chairman Phil Boots (R-Crawfordsville) allowed one and a half hours of testimony. No vote was taken.
Indiana Chamber action/commentary: Approximately 75-100 individuals lined up to testify on this bill, mostly in favor; the chairman had to cut off about 50 of them from testifying because of a lack of time. Those who testified in favor expressed that without this bill they lose their individual liberty to choose not to take the vaccine if they so desire. In opposition, the Indiana Chamber testified that this bill creates a new private right of action against an employer. We have a policy – regardless of the issue – opposing any new private right of action. In reality, most employers are not going to mandate immunizations: it isn’t good for morale and in most cases is unnecessary. However, for some employers, particularly those in the health care arena, that option should be available because they have the right and a duty to protect their employees in their work environment as well as keeping their clients and patients safe.
The Chamber stated that the bill doesn’t just cover COVID-19 but all immunizations and since the word “conscience” is not defined, the bill basically gives any employee the option to refuse to be immunized if mandated as a policy by an employer. In addition, at least under the Americans With Disabilities Act, there is interaction between the employee and the employer and potential for accommodation. Under Title VII of the Civil Rights Act, a religious exemption may be made, however there is a provision for undue hardship on the employer. This bill leaves the decision entirely up to the individual. It also allows for punitive damages, and that is a huge problem for employers and not usually seen in statute.
It is uncertain what will happen with this bill. At best it will not move any further; at worst it will be amended to address some of the concerns. The proponents were adamant about maintaining the word “conscience,” but again for employers, that is a non-starter.
Resource: Mike Ripley at (317) 264-6883 or email: mripley@indianachamber.com
