South Dakota House Bill HB1221

South Dakota 2024 Regular Session

• Introduced: 1/31/24
• Refer: 1/31/24

Caption

Enhance right to work laws and provide a penalty therefor.

Impact

If enacted, HB1221 will amend existing statutes to protect individuals from being discriminated against based on their vaccination status in both public and private institutions, including schools and workplaces. This means that individuals cannot be compelled to disclose their vaccination status or face consequences related to their employment. Furthermore, violations of the provisions laid out in the bill will be classified as Class 2 misdemeanors, creating a legal avenue for employees to seek recourse against such discrimination through civil suits.

Summary

House Bill 1221 seeks to enhance right to work laws in South Dakota by establishing penalties for discrimination based on vaccination status. The bill defines vaccination and vaccination passports while explicitly stating that no individual may be denied the right to work due to their vaccination status. It emphasizes that due process must be respected when it comes to employment rights and outlines specific actions that would be considered violations, such as requiring vaccine passports or evidence of vaccination for employment opportunities.

Contention

The introduction of HB1221 has sparked discussions regarding the balance between public health measures and individual rights. Proponents of the bill argue that it protects the personal freedoms of individuals regarding medical choices and employment opportunities. Conversely, critics express concerns that such a law may hinder public health efforts and the ability of employers to maintain safe workplaces, especially in industries heavily affected by public health policies. The bill's provisions may also raise questions related to its enforcement and the clarity around the definitions of vaccination and discrimination.