Indiana 2022 Regular Session

Indiana Senate Bill SB0286 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 286
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 22-5-4.5.
7	7	Synopsis: Prohibition on employer immunization requirements.
8	8	Prohibits an employer from requiring an employee or prospective
9	9	employee to inject, ingest, inhale, or otherwise incorporate an
10	10	immunization in the employee's or prospective employee's body as a
11	11	condition of employment or as a condition of receiving additional
12	12	compensation or benefits. Allows for a civil action against an employer
13	13	for a violation.
14	14	Effective: Upon passage.
15	15	Kruse
16	16	January 10, 2022, read first time and referred to Committee on Health and Provider
17	17	Services.
18	18	2022 IN 286—LS 7140/DI 141 Introduced
19	19	Second Regular Session of the 122nd General Assembly (2022)
20	20	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
21	21	Constitution) is being amended, the text of the existing provision will appear in this style type,
22	22	additions will appear in this style type, and deletions will appear in this style type.
23	23	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
24	24	provision adopted), the text of the new provision will appear in this style type. Also, the
25	25	word NEW will appear in that style type in the introductory clause of each SECTION that adds
26	26	a new provision to the Indiana Code or the Indiana Constitution.
27	27	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
28	28	between statutes enacted by the 2021 Regular Session of the General Assembly.
29	29	SENATE BILL No. 286
30	30	A BILL FOR AN ACT to amend the Indiana Code concerning labor
31	31	and safety.
32	32	Be it enacted by the General Assembly of the State of Indiana:
33	33	1 SECTION 1. IC 22-5-4.5 IS ADDED TO THE INDIANA CODE
34	34	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
35	35	3 UPON PASSAGE]:
36	36	4 Chapter 4.5. Prohibition Against Immunization Requirement
37	37	5 for Employment
38	38	6 Sec. 1. As used in this chapter, "employee" means an individual
39	39	7 who is employed by an employer on a full-time or part-time basis,
40	40	8 either paid or unpaid. The term includes:
41	41	9 (1) an apprentice;
42	42	10 (2) an independent contractor;
43	43	11 (3) an intern; or
44	44	12 (4) a student who works as a trainee or an intern.
45	45	13 Sec. 2. As used in this chapter, "employer" means:
46	46	14 (1) an individual, a partnership, an association, a limited
47	47	15 liability company, a corporation, or a business trust;
48	48	16 (2) any board, commission, department, division, bureau,
49	49	17 committee, agency, governmental subdivision, military body,
50	50	2022 IN 286—LS 7140/DI 141 2
51	51	1 authority, or other instrumentality of the state;
52	52	2 (3) the state;
53	53	3 (4) a state educational institution (as defined in
54	54	4 IC 21-7-13-32);
55	55	5 (5) a political subdivision (as defined in IC 36-1-2-13); or
56	56	6 (6) a public school corporation (as defined in IC 4-4-38.5-6.2);
57	57	7 that has one (1) or more employees.
58	58	8 Sec. 3. As used in this chapter, "immunization" means any
59	59	9 injectable, inhalable, or pharmacological component, such as a:
60	60	10 (1) vaccine;
61	61	11 (2) biologic; or
62	62	12 (3) therapeutic;
63	63	13 utilized with the intent to produce immunity or partial immunity
64	64	14 to a pathogen.
65	65	15 Sec. 4. (a) An employer may not require an employee or
66	66	16 prospective employee to take any of the following actions as a
67	67	17 condition of employment, as a condition of employment in a
68	68	18 particular position, or as a condition of receiving additional
69	69	19 compensation or other benefits:
70	70	20 (1) Inject, or receive an injection of, an immunization in the
71	71	21 employee's or prospective employee's body.
72	72	22 (2) Ingest, inhale, or otherwise incorporate an immunization
73	73	23 in the employee's or prospective employee's body.
74	74	24 (b) An employer may not discriminate against an employee with
75	75	25 respect to:
76	76	26 (1) an employee's tenure, compensation, and benefits;
77	77	27 (2) terms, conditions, and privileges of employment;
78	78	28 (3) uniform or attire;
79	79	29 (4) use of areas in the workplace that are open to employees
80	80	30 who have received an immunization; or
81	81	31 (5) testing requirements for an employee who is not
82	82	32 demonstrating symptoms if similar testing requirements are
83	83	33 not imposed on an employee who has received an
84	84	34 immunization;
85	85	35 based on the employee's failure or refusal to take an action
86	86	36 described in subsection (a).
87	87	37 Sec. 5. (a) An employee or prospective employee may bring a
88	88	38 civil action against an employer to enforce section 4 of this chapter.
89	89	39 (b) If an employer violates section 4 of this chapter, the court
90	90	40 may do the following:
91	91	41 (1) Award:
92	92	42 (A) actual damages; and
93	93	2022 IN 286—LS 7140/DI 141 3
94	94	1 (B) court costs and reasonable attorney's fees;
95	95	2 to the prevailing employee or prospective employee.
96	96	3 (2) Enjoin further violation of this chapter.
97	97	4 Sec. 6. This chapter does not limit an employee's or prospective
98	98	5 employee's rights or remedies under any other state or federal law.
99	99	6 SECTION 2. An emergency is declared for this act.
100	100	2022 IN 286—LS 7140/DI 141