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STATE OF OKLAHOMA
2nd Session of the 59th Legislature (2024)
SENATE BILL 1978 By: Bullard
AS INTRODUCED
An Act relating to labor; defining terms; preventing
adoption and enforcement of vaccine mandates by
employers for employees or appl icants; prohibiting
adverse action by employe r for refusal to mandate;
providing for complaint to be fil ed if in violation;
allowing the Attorne y General to seek certain relief;
prescribing penalties for violation; allowing for
employer to remedy violation; providing for
codification; 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 191.1 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 ad versely affecting an employee,
contractor, applicant for employment , or applicant for a contract
position;
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2. “COVID-19” means the 2019 novel coronavirus disease and any
variants of 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 191.2 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. An employer may not adopt or enforce a m andate requiring an
employee, contractor, applicant for employment, or applicant for a
contract position to be vaccinated against COVID -19 as a condition
of employment or a c ontract position.
B. An employer may not take an adverse action against an
employee, contractor, applicant for employment, or applicant for a
contract position for a refusal to be vaccinated against COVID -19.
C. 1. An employee, contractor, applicant for employment , or
applicant for a contra ct position against whom an employer took an
adverse action in violation of thi s act may file a complaint with
the labor commissioner in the form and manner prescribed by the
Department of Labor rules.
2. A complaint filed with the Department shall includ e the
following information:
a. the name of the complainant,
b. the name of the employer, and
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c. the nature and description of any alleged adverse
action the employer took against the complainant.
3. Upon receipt of a complain t as provided in paragraph 1 of
this subsection, the Department shall conduct an investigation to
determine whether the employer took an adverse action against th e
complainant because of the complainant’s refusal to be vaccinated
against COVID-19.
4. The Department shall promulgate r ules necessary to accept
complaints and conduct investigations for violations in this act.
D. 1. The Attorney General may bring an action for injunctive
relief against the employer to prevent further violations of this
act by the employer. The action sh all be filed in a district court
in:
a. Oklahoma County, or
b. the county in which the alleged adverse action
occurred.
2. In an injunction issued under paragraph 1 of this
subsection, a court may include reas onable requirements to prevent
further violations of this act.
E. The Department may impose on an employer who violates this
act an administrative penalty not more than One Thousand Doll ars
($1,000.00) for each violation, un less the employer:
1. Hires the applicant for employment or offers a contract to
the applicant for a contract positio n; or
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2. Reinstates with back pay from the date the employer took the
adverse action and ma kes every reasonable effort to reve rse the
effects of the adverse action, including reestablishing employee
benefits for which the employee or contractor otherwise would have
been eligible if the adverse action ha d not been taken.
SECTION 3. This act shall become effective November 1, 2024.
59-2-2578 MR 1/18/2024 1:57:48 PM