SF 1916

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2019 09:23am

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.

[181.9385] IMMUNIZATIONS; PROHIBITED EMPLOYER CONDUCT.

Subdivision 1.

Definitions.

(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.

(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.

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

Subd. 2.

Prohibited practice.

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:

(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

(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.

Subd. 3.

Reasonable policies.

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

Subd. 4.

Remedy.

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.