REFERENCE TITLE: employers; vaccines; religious exemption State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024 SB 1407 Introduced by Senators Shamp: Carroll, Gowan, Kerr, Shope An Act amending section 23-206, Arizona Revised Statutes; relating to vaccinations. (TEXT OF BILL BEGINS ON NEXT PAGE)
REFERENCE TITLE: employers; vaccines; religious exemption
State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
SB 1407
Introduced by Senators Shamp: Carroll, Gowan, Kerr, Shope
REFERENCE TITLE: employers; vaccines; religious exemption
State of Arizona
Senate
Fifty-sixth Legislature
Second Regular Session
2024
SB 1407
Introduced by
Senators Shamp: Carroll, Gowan, Kerr, Shope
An Act
amending section 23-206, Arizona Revised Statutes; relating to vaccinations.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona: Section 1. Section 23-206, Arizona Revised Statutes, is amended to read: START_STATUTE23-206. Employers; accommodations required vaccinations; religious exemption; form; definitions A. 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, influenza A or B vaccination or flu vaccination or any vaccination authorized by the United States food and drug administration for emergency use only, the employer shall 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. B. An employer may not: 1. Inquire into the veracity of an employee's religious beliefs, practices or observances to the extent beyond what is allowed under federal law. 2. Discriminate against an employee regarding employment, wages or benefits based on the employee's vaccination status. C. An employer shall allow an employee to request a religious exemption from the covid-19 vaccination, influenza A or B vaccination or flu vaccination mandate or any mandate for a vaccination authorized by the United States food and drug administration only for emergency use by using a form that meets the following minimum requirements: Religious exemption from COVID-19 vaccination, influenza A or B vaccination, flu Vaccination or vaccination authorized by the United States food and drug administration for emergency use only Employee name __________________________________ Date of birth __________________________________ telePhone number __________________________________ Employer name __________________________________ Exemption statement: Pursuant to section 23-206, Arizona Revised Statutes, I hereby declare that I am requesting an exemption from the COVID-19 vaccination, influenza A or B vaccination, flu vaccination or vaccination authorized by the United States food and drug administration for emergency use only because of my sincerely held religious beliefs. employee statement of sincerely held religious beliefs ______________________ Employee statement of conflict between religious beliefs and vaccine ____________ Requested accommodation and alternative accommodations _______________________ I declare under penalty of perjury that the foregoing INFORMATION is true and correct. Employee signature _______________________________ Date _______________________________ Employee name (print) _______________________________ NOTE: An employer may not inquire into the veracity of the employee's sincerely held religious beliefs, practices or observances to the extent beyond what is allowed under federal law. D. Any employer that receives a request for a religious exemption pursuant to this section shall keep the request and its contents confidential and may not share them within that organization except to the extent necessary to process the request for exemption, accommodation or other operational necessity. Employers may create a database of religious exemption requests for internal use only unless otherwise required by law. E. For the purposes of this section: 1. "COVID-19" means: (a) The novel coronavirus identified as SARS-COV-2. (b) Any disease caused by SARS-COV-2, its viral fragments or a virus mutating therefrom. (c) All conditions associated with the disease that are caused by SARS-COV-2, its viral fragments or a virus mutating therefrom. 2. "Sincerely held religious beliefs, practices or observances" includes a sincerely held moral or ethical belief. END_STATUTE
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 23-206, Arizona Revised Statutes, is amended to read:
START_STATUTE23-206. Employers; accommodations required vaccinations; religious exemption; form; definitions
A. 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, influenza A or B vaccination or flu vaccination or any vaccination authorized by the United States food and drug administration for emergency use only, the employer shall 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.
B. An employer may not:
1. Inquire into the veracity of an employee's religious beliefs, practices or observances to the extent beyond what is allowed under federal law.
2. Discriminate against an employee regarding employment, wages or benefits based on the employee's vaccination status.
C. An employer shall allow an employee to request a religious exemption from the covid-19 vaccination, influenza A or B vaccination or flu vaccination mandate or any mandate for a vaccination authorized by the United States food and drug administration only for emergency use by using a form that meets the following minimum requirements:
Religious exemption from COVID-19 vaccination,
influenza A or B vaccination, flu Vaccination or
vaccination authorized by the United States food
and drug administration for emergency use only
Employee name __________________________________
Date of birth __________________________________
telePhone number __________________________________
Employer name __________________________________
Exemption statement:
Pursuant to section 23-206, Arizona Revised Statutes, I hereby declare that I am requesting an exemption from the COVID-19 vaccination, influenza A or B vaccination, flu vaccination or vaccination authorized by the United States food and drug administration for emergency use only because of my sincerely held religious beliefs.
employee statement of sincerely held religious beliefs ______________________
Employee statement of conflict between religious beliefs and vaccine ____________
Requested accommodation and alternative accommodations _______________________
I declare under penalty of perjury that the foregoing INFORMATION is true and correct.
Employee signature _______________________________
Date _______________________________
Employee name (print) _______________________________
NOTE: An employer may not inquire into the veracity of the employee's sincerely held religious beliefs, practices or observances to the extent beyond what is allowed under federal law.
D. Any employer that receives a request for a religious exemption pursuant to this section shall keep the request and its contents confidential and may not share them within that organization except to the extent necessary to process the request for exemption, accommodation or other operational necessity. Employers may create a database of religious exemption requests for internal use only unless otherwise required by law.
E. For the purposes of this section:
1. "COVID-19" means:
(a) The novel coronavirus identified as SARS-COV-2.
(b) Any disease caused by SARS-COV-2, its viral fragments or a virus mutating therefrom.
(c) All conditions associated with the disease that are caused by SARS-COV-2, its viral fragments or a virus mutating therefrom.
2. "Sincerely held religious beliefs, practices or observances" includes a sincerely held moral or ethical belief. END_STATUTE