MISSISSIPPI LEGISLATURE

2022 Regular Session

To: Public Health and Human Services

By: Representative Eubanks

House Bill 1455

AN ACT TO PROHIBIT PUBLIC AND PRIVATE EMPLOYERS FROM REQUIRING ANY OF ITS EMPLOYEES TO RECEIVE A VACCINATION AGAINST SARS-COV-2 OR COVID-19 AS A CONDITION OF THE PERSON'S EMPLOYMENT OR CONTINUED EMPLOYMENT WITH THE EMPLOYER; TO AUTHORIZE ANY EMPLOYEE HARMED IN VIOLATION OF THIS ACT TO RECOVER DAMAGES; AND FOR RELATED PURPOSES.

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

     SECTION 1.  WHEREAS, COVID-19 vaccines are and have been readily available throughout Mississippi for many months to those eligible to receive one, at no cost to the recipient; and

     WHEREAS, all Mississippians should have the ability and personal medical freedom to make and exercise whatever medical decisions they deem necessary and appropriate for their personal and family situation, in consultation with their personal physician as to what is best for them, their children and families; and

     WHEREAS, any medical procedure including receipt or administration of any vaccination is a personal medical decision and should always remain voluntary for all Mississippians, in consultation with their personal physician and based on FDA-approved vaccination package inserts and fact sheets; and

     WHEREAS, the Biden Administration has announced a federal vaccine mandate and the involuntary mandate of all federal contractors and a large number of private employers, as well as "large venue" mandates causing workplace confusion and disruptions that threaten a large portion of the Mississippi workforce and create ongoing potential to hinder the continued recovery of Mississippi commerce and supply chain disruptions during this COVID-19 and Omicron variant; and

     WHEREAS, many Mississippians including MDAC employees and promoters of events on MDAC properties are concerned of the risk of losing their livelihoods because they may object to receiving a COVID-19 vaccination for reasons of personal conscience, based on a sincerely held religious belief, or for personal medical reasons, including their prior recovery from COVID-19 and the presence of natural antibodies and natural immunity; and

     WHEREAS, the Mississippi Legislature has the authority under existing state law to grant the availability of exemptions, mandate or prohibit mandates of any particular vaccinations.

     SECTION 2.  A public or private employer shall not require

any of its employees, against the objections of the employee, to

receive an immunization or vaccination against SARS-CoV-2 or

Coronavirus 2019 (COVID-19) as a condition of the person's

employment or continued employment with the employer.

     If any employee is harmed in any manner because an employer required his or her receipt of an immunization or vaccination in violation of this section, the aggrieved person may recover in a civil action the amount of all of their medical bills related to such harm, any unpaid wages; liquidated damages; compensatory damages; punitive damages as may be appropriate; other equitable relief as may be appropriate; and the costs of the action and reasonable attorney's fees.

     SECTION 3.  This act shall take effect and be in force from and after July 1, 2022.