HF 999

as introduced - 91st Legislature (2019 - 2020) Posted on 02/25/2019 04:21pm

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:

Section 1.

new text begin [181.9385] IMMUNIZATIONS; PROHIBITED EMPLOYER CONDUCT.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For the purposes of this section, "employer" means all
persons employing one or more individuals in the state and includes the state and its
subdivisions.
new text end

new text begin (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.
new text end

new text begin (c) For the purposes of this section, "employ" means to permit to work in the state.
new text end

new text begin Subd. 2. new text end

new text begin Prohibited practice. new text end

new text begin An employer must not discipline or discharge an employee
or refuse to hire a job applicant when the employee or applicant refuses an immunization
that prevents or lessens the risk of infection with an immunization-preventable disease,
provided one or more of the following conditions are met:
new text end

new text begin (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
new text end

new text begin (2) the employee or applicant provides a notarized statement to the employer that the
employee or applicant has not been immunized because of conscientiously held beliefs.
new text end

new text begin Subd. 3. new text end

new text begin Reasonable policies. new text end

new text begin An employer subject to this section may create reasonable
policies regarding the timing, form, and process for submissions under subdivision 2.
new text end

new text begin Subd. 4. new text end

new text begin Remedy. new text end

new text begin 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.
new text end