as introduced - 91st Legislature (2019 - 2020) Posted on 03/12/2020 04:35pm
A bill for an act
relating to employment; prohibiting employers from discipline or discharge for
employee or applicant refusal to immunize; providing civil action remedies;
proposing coding for new law in Minnesota Statutes, chapter 181.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
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(a) For the purposes of this section, "employer" means a
person employing one or more individuals in the state and includes the state and its
subdivisions.
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(b) For the purposes of this section, "employee" means any individual, age 18 or older,
employed by an employer. The term also includes unpaid board members and other
volunteers.
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(c) For the purposes of this section, "employ" means to permit to work in the state.
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An employer must not discipline or discharge an employee
or refuse to hire a job applicant when the employee or applicant refuses an immunization,
provided one or more of the following conditions are met:
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(1) the employee or applicant provides a written statement, signed by a physician, to the
employer stating that an immunization is contraindicated for medical reasons or that
laboratory confirmation of the presence of adequate immunity exists; or
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(2) the employee or applicant provides a statement to the employer that the employee
or applicant has not been immunized because of conscientiously held beliefs.
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An employer subject to this section may create reasonable
policies regarding the timing, form, and process for submissions under subdivision 2.
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The sole remedy for a violation of subdivision 2 is a civil action for
damages. Damages are limited to wages and benefits lost by the individual because of the
violation. A court shall award the prevailing party in the action, whether plaintiff or
defendant, court costs and a reasonable attorney fee.
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