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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
HOUSE BILL 3555 By: Lepak
AS INTRODUCED
An Act relating to vaccination mandates; pro viding
definitions; prohibiting vaccinations as a condition
of employment; prohibiting adverse action against
employees for refusal of vaccination; providing
remedies; providing complaint requirements; Attorney
General enforcement actions; providing for fines;
providing for codifi cation; and providing an
effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.1 of Title 40, unless there
is created a duplication in numbering, reads as follows:
As used in this act:
1. "Adverse action" means an action taken by an employer that a
reasonable person would consider was for the purpose of punishing,
alienating, or otherwise adversely affecting an employee,
contractor, applicant for employment, or applicant for a c ontract
position;
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2. "COVID-19" means the 2019 novel coronavirus disease and a ny
variants of the disease;
3. "Department" means the Department of Labor; and
4. "Employer" means a person who employs one or more employees.
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.2 of Title 40, unless there
is created a duplication in numbering, reads as follows:
An employer may not adopt or enforce a mandate requiring an
employee, contractor, applicant for employment, or applicant for a
contract position to be va ccinated against COVID-19 as a condition
of employment or a contract position.
SECTION 3. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.3 of Title 40, unless there
is created a duplication in numbering, reads as follows:
An employer may not take an adverse action against an employee,
contractor, applicant for employment, or applicant for a contract
position for his or her refusal to be vaccinated against COVID-19.
SECTION 4. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.4 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. An employee, contractor, applicant for employment, or
applicant for a contract position against whom an employer took an
adverse action in violation of this act may file a complaint with
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the Department in the form and manner prescribed by Department
rules.
B. A complaint filed with the Department must include the
following information :
1. The name of the complainant ;
2. The name of the employer; and
3. The nature and description of any alleged adverse action the
employer took against the complainant.
C. On receipt of a complaint under this section, the Department
shall conduct an investigation to determine whether the employer
took an adverse action against the complainant because of the
complainant's refusal to be vaccinated against COVID -19.
D. The Department shall adopt rules prescribing the procedures
for accepting complaints and conducting investigations under this
section.
SECTION 5. NEW LAW A new sect ion of law to be codified
in the Oklahoma Statutes as Section 192.5 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. The Attorney General may bring an action for injuncti ve
relief against the employ er to prevent furthe r violations of this
act by the employer. The action must be filed in a district c ourt
in the county in which the alleged adverse action occurred.
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B. In an injunction iss ued under subsection A of this section,
a court may include reas onable requirements to prevent further
violations of this act.
SECTION 6. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 192.6 of Title 40, unless there
is created a duplication in numbering, reads a s follows:
The Department of Labor may impose on an employer who violates
this act an administrative pe nalty of not more than One Thousand
Dollars ($1,000.00) for each violation, unless the employer, as
applicable:
1. Hires the applica nt for employment or o ffers a contract to
the applicant for a contract position; or
2. Reinstates the employee or contract or and provides the
employee or contractor with back pay from the date the employer took
the adverse action and makes every reasonabl e effort to reverse the
effects of the adverse ac tion, including reestablishing employee
benefits for which the employe e or contractor otherwise wou ld have
been eligible if the adverse action ha d not been taken.
SECTION 7. This act shall become effective November 1, 2024.
59-2-9146 TJ 01/02/24