The Details
House Bill 131 prohibits many employers from taking the following actions on the basis of an individual's vaccination status or whether the individual has an immunity passport:
- Refusing or barring them from employment; or
- Discriminating in compensation, or in a term, condition or privilege of employment.
The law defines an immunity passport as a document, digital record or software application that indicates an individual is immune to a disease (through vaccination or infection and recovery). Vaccination status is defined as an indication of whether an individual has received one or more doses of a vaccine.
Exceptions
The law does not cover the following:
- Employers that establish a link between a vaccination requirement and the employee's assigned duties and responsibilities or identify an external requirement for vaccination (not imposed by the employer) that relates to the employee's duties and responsibilities;
- Employees that are directly exposed to human blood, human fecal matter or other potentially infectious materials that may expose them to hepatitis or tuberculosis (as determined by the employer);
- Certain childcare programs that require vaccinations under the law;
- Federal contractors;
- A regulated entity where compliance with the law would violate binding, mandatory regulations or requirements that affect funding issued by the Centers for Medicare and Medicaid Services or the U.S. Centers for Disease Control and Prevention; or
- A contract for goods or services that is entered into before May 3, 2023, if:
Requesting Proof of Vaccination
Existing law allows employers to request proof of a COVID-19 vaccination from employees or prospective employees, but they must exempt the employee or prospective employee from the requirement if the individual:
- Provides a statement that receiving the COVID-19 vaccination would be injurious to their health and well-being or conflict with a sincerely held personal belief, or religious belief, practice or observance; or
- Has a letter from a primary care provider that states they had previously contracted COVID-19.
House Bill 131 does not repeal existing law and does not appear to expressly prohibit employers from requesting vaccination status or proof of immunity from employees. However, the law prohibits employers from discriminating against employees or prospective employees by using their vaccination status or whether they have an immunity passport as the basis for hiring decisions, termination or making other decisions related to terms and conditions of employment.
Existing law also prohibits employers from keeping or maintaining records or copies of an employer's proof of vaccination unless a legal requirement, established business practice, or industry standard requires otherwise. House Bill 131 does not appear to alter this existing prohibition.
Next Steps
Review all vaccination policies and procedures and make any necessary changes.
Please contact your dedicated service professional with any questions.