Senate Bill 2858

AN ACT TO AMEND SECTION 79-1-9, MISSISSIPPI CODE OF 1972, PURSUANT TO ARTICLE 7, SECTION 191 OF THE MISSISSIPPI CONSTITUTION OF 1890, TO INCREASE THE PENALTY FOR UNLAWFUL INTERFERENCE WITH THE SOCIAL, CIVIL, OR POLITICAL RIGHTS OF A CORPORATION'S AGENTS OR EMPLOYEES; TO PROVIDE THAT A CORPORATION'S ENFORCEMENT OF A VACCINE MANDATE OR THE DISCHARGE OF ANY OF ITS AGENTS OR EMPLOYEES DUE TO VACCINATION STATUS SHALL BE UNLAWFUL INTERFERENCE WITH THE SOCIAL, CIVIL, OR POLITICAL RIGHTS OF ITS AGENTS OR EMPLOYEES; TO AUTHORIZE AGENTS OR EMPLOYEES TO SEEK A PERMANENT INJUNCTION AGAINST A CORPORATION FOR UNLAWFUL INTERFERENCE; TO PROVIDE A REBUTTABLE PRESUMPTION IN FAVOR OF A CORPORATION THAT DEMONSTRATES TO A REASONABLE PERSON STANDARD THAT IT PROVIDED NOTICE TO ITS AGENTS OR EMPLOYEES; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 79-1-9, Mississippi Code of 1972, is amended as follows:

79-1-9. (1) (a) Any corporation doing business in this state shall be liable * * * to for a penalty of * * * ~~Two Hundred Fifty Dollars ($250.00)~~ Twenty-five Thousand Dollars ($25,000.00) for every unlawful interference with the social, civil, or political rights of any of its agents or employees, and the same may be recovered by suit, to be brought by the injured party.

(b) A corporation's enforcement of a federal vaccine mandate or the discharge of any of its agents or employees due to vaccination status shall be unlawful interference with the social, civil or political rights of its agents or employees. Such an unlawful interference is not subject to the penalty in paragraph (a) of this subsection and shall result in a penalty of Seventy-five Thousand Dollars ($75,000.00). Agents or employees who are discharged due to vaccination status may seek compensation for lost wages in addition to the penalty described in this paragraph (b).

(2) (a) Any of the employees or agents of a corporation doing business in this state may seek a permanent injunction against the corporation to restrain and prevent violations of this section.

(b) At the request of a party, the court may hold a preliminary hearing and may grant a temporary injunction against the corporation if the allegations of an unlawful interference are demonstrated to the satisfaction of the court.

(c) Whenever any court issues a permanent injunction to restrain and prevent violations of this section, the court shall award actual damages, if any, sustained by reason of a violation of this section, interest, reasonable attorney's fees and court costs and may award other equitable relief.

(3) Pursuant to any claim alleging a violation of this section, there shall be a rebuttable presumption that the corporation has not unlawfully interfered with the social, civil, or political rights of any of its agents or employees if the corporation proves to reasonable person standard that it gave notice to its agents or employees through its standard operating procedure, employee handbook or other employment policy.

SECTION 2. This act shall take effect and be in force from and after July 1, 2022.