Assigned to HHS FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1407
employers; vaccines; religious exemption
Purpose
Requires employers to allow employees that complete a religious exemption form to opt
out of vaccination requirements for COVID-19, influenza A, influenza B, flu or any vaccine
authorized by the U.S. Food and Drug Administration (FDA) for emergency use only. Prohibits
employers from discriminating against an employee regarding employment, wages or benefits
based on vaccination status and from inquiring into the veracity of an employee's religious beliefs,
practices or observances.
Background
Employers that receive notice from an employee that taking the COVID-19 vaccination
conflicts with a sincerely held religious belief, practice or observance must provide the employee
a reasonable accommodation, unless the accommodation would pose an undue hardship and more
than de minimus cost to the employer (A.R.S. ยง 23-206).
Under federal law, when the Secretary of the U.S. Department of Health and Human
Services declares that an emergency use authorization is appropriate, the FDA may authorize
unapproved medical products or unapproved uses of approved medical products to be used in an
emergency to diagnose, treat or prevent serious or life-threatening diseases or conditions caused
by chemical, biological, radiological or nuclear threat agents when certain criteria are met,
including that there are no adequate, approved and available alternatives (FDA).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
Provisions
1. Requires employers to allow employees that complete a religious exemption form to opt out
of vaccination requirements for COVID-19, influenza A, influenza B, flu or any vaccine
authorized by the FDA for emergency use only.
2. Prohibits employers from:
a) inquiring into the veracity of an employee's religious beliefs, practices or observances to
the extent beyond what is allowed under federal law; and
b) discriminating against an employee regarding employment, wages or benefits based on
vaccination status.
3. Removes the employer exception to the religious vaccination exemption requirement for cases
in which providing a reasonable accommodation would cause more than a de minimus cost to
the employer. FACT SHEET
S.B. 1407
Page 2
4. Outlines minimum requirements of an employer's vaccination religious exemption form.
5. Requires employers to keep religious exemption claims confidential within the organization,
except to the extent necessary to process the exemption, accommodation or other operational
necessity.
6. Allows an employer to create a database of religious exemption requests only for internal use,
unless otherwise required by law.
7. Defines COVID-19 and sincerely held religious beliefs, practices or observances.
8. Makes a conforming change.
9. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2024
MM/sdr