USA- Indiana | Private Employer prohibited from mandating Covid-19 vaccine

On March 3, 2022, Governor Holcomb has signed House Bill 1001 into law, which prohibits private employers from mandating the COVID-19 vaccine unless they provide for individual exemptions based on medical reasons, religious reasons, and “natural immunity” from prior infection.

Key points:

  • An individual shall not be subject to disqualification if the individual:
    1. has requested an exemption from an employer’s COVID-19 immunization requirement;
    2. has complied with the requirements set forth in IC 22-5-4.6; and
    3. was discharged from employment for failing or refusing to receive an immunization against COVID-19.
  • Employer may not impose a requirement that employees receive an immunization against COVID-19 unless the employer provides individual exemptions that allow an employee to opt out of the requirement on the basis of any of the following:

    1. Medical reasons.
    2. Religious reasons.
    3. An employee has immunity from COVID-19 acquired from a prior infection with COVID-19.

  • Exemptions from COVID-19 Immunization Requirements:
    1. An employee when the employee is working in another state, if the employer provides accommodations for a COVID-19 immunization requirement for the employee in accordance with Title VII of the federal Civil Rights Act of 1964, as amended (42 U.S.C. 2000e et seq.); and the Americans with Disabilities Act (42 U.S.C. 12101 et seq.).
    2. An employer who has entered into a federally awarded or amended contract, subcontract, or postsecondary grant as a condition to receive federal funds, if:(A) a COVID-19 immunization requirement is imposed on parties that contract with the federal government under federal law, federal regulation, or federal executive order;(B) compliance with this chapter would result in a breach of contract or a loss of federal funding; (C) the employer provides accommodations for the COVID-19 immunization requirement for an employee;
    3. A health care facility that is subject to a federal immunization requirement against COVID-19 for the health care facility’s employees.
    4. An employer or employee when

      (A) the employer operates:
      (i) a professional sports organization; or
      (ii) an entertainment organization or venue engaged in producing or presenting musical, theatrical, or other types of cultural entertainment;

      (B) employees of the employer work in close proximity to the live sports or entertainment; and
      (C) the employer provides accommodations for a COVID-19 immunization requirement for employees

Note: “employer” means a sole proprietor, corporation, partnership, limited liability company, or other entity with one (1) or more employees. However, the term does not include the United States and its agencies and instrumentalities.

“immunization” means the treatment of an individual with a vaccine to produce immunity.

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