Prohibiting employers from engaging in certain actions relating to infectious diseases and providing penalties

This bill prohibits an employer, as defined in the bill, from carrying out specified actions against an employee relating to infectious disease, including COVID-19. The prohibited actions are inquiring about any information regarding an employee’s vaccination status, inquiring about the results of a test for an infectious disease taken by an employee, and conducting a test for an infectious disease on an employee to determine a past or current infection. These actions are permitted when required for the duties of an employee’s position in accordance with federal or international law. The bill establishes a process for an employee to submit a complaint of a violation to the labor commissioner and for the commissioner to determine if a complaint is valid. The bill establishes penalties for an employer who engages in a prohibited action. The penalties include civil monetary penalties that increase as an employer engages in subsequent violations. On a third or subsequent violation, an employer is also subject to disqualification from provisions of the Code pertaining to worker’s compensation. A disqualified employer shall be liable to an employee for a personal injury in the course of and arising out of the employment, and the employee may enforce the liability by an action at law for damages. Procedures applicable to employers who fail to obtain worker’s compensation insurance, which relate to legal presumptions, the burden of proof, pleadings and defenses, and trial by jury, are applicable to such an action. The bill provides a process for informal resolution of disputes relating to a third violation. The bill requires the labor commissioner to establish procedures to implement and enforce the bill and authorizes the commissioner to conduct investigations, hold hearings, receive evidence, and take such other actions the commissioner deems necessary or appropriate to implement and enforce the bill. The bill provides that an employee who is discharged from employment for refusing to comply with an inquiry or test required by an employer in violation of the bill shall not be disqualified for unemployment benefits on account of such discharge if the employer is subject to a penalty under the bill for the violation.