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Tennessee prohibits natural immunity discrimination, sets COVID-19 laws sunset date

07/07/22

Author: ADP Admin/Wednesday, July 6, 2022/Categories: Compliance Corner , State Compliance Update, Tennessee

Tennessee has enacted legislation (Senate Bill 1884) and (House Bill 1871), which create a sunset date for COVID-19 related laws and adds employee protections for natural COVID-19 immunity. Senate Bill 1884 takes effect on July 1, 2023, and House Bill 1871 is effective immediately.

The details:

House Bill 1871:

The law defines natural immunity as immune system resistance to COVID-19 that is acquired naturally as the result of an individual’s prior infection with COVID-19.

Under the law, Tennessee employers in the private sector are prohibited from adopting or enforcing a rule, policy, procedure or practice as a result of the COVID-19 pandemic that:

  • Treats those with natural immunity differently than those who received a COVID-19 vaccination; or
  • Fails to recognize natural immunity as being at least as protective as a COVID-19 vaccination.

Senate Bill 1884:

Tennessee has set July 1, 2023, as the termination date for its laws related to COVID-19 other than House Bill 1871, excluding government entities, schools and local education agencies mandates.

Next steps:

Tennessee employers should consult legal counsel to discuss the impact of Senate Bill 1884 and House Bill 1871 on their policies and practices.

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