Arizona 2023 2023 Regular Session

Arizona Senate Bill SB1433 Comm Sub / Analysis

Filed 02/14/2023

                    Assigned to JUD 	FOR COMMITTEE 
 
 
 
 
ARIZONA STATE SENATE 
Fifty-Sixth Legislature, First Regular Session 
 
FACT SHEET FOR S.B. 1433 
 
employer liability; COVID-19 vaccine requirement 
Purpose 
Specifies that, if an employer denies a religious exemption and requires a person to receive 
a COVID-19 vaccination as a prerequisite to or a requirement for maintaining employment, the 
employer is liable to the person for damages that result from a significant injury that is caused by 
receiving the COVID-19 vaccination. 
Background 
If an employer receives notice from an employee that the employee's sincerely held 
religious beliefs, practices or observances prevent the employee from taking the COVID-19 
vaccination, the employer must provide a reasonable accommodation unless the accommodation 
would pose an undue hardship and more than a de minimus cost to the operation of the employer's 
business (A.R.S. ยง 23-206). 
There is no anticipated fiscal impact to the state General Fund associated with this 
legislation. 
Provisions 
1. Specifies that, if an employer denies a religious exemption and requires a person to receive a 
COVID-19 vaccination as a prerequisite to or requirement for maintaining employment, the 
employer is liable to the person for damages that result from a significant injury that is caused 
by receiving the COVID-19 vaccination. 
2. Specifies that a claimant who prevails in the action: 
a) must be awarded actual damages, court costs and reasonable attorney fees or statutory 
damages of $1,000,000, whichever is greater; and 
b) in addition to an award, is allowed to recover exemplary damages. 
3. Specifies that the outlined rights and remedies supplement any other rights and remedies 
provided by law, including workers' compensation claims and common law rights. 
4. Becomes effective on the general effective date. 
Prepared by Senate Research 
February 14, 2023 
ZD/SB/sr