Proposed PA Law Would Ban Employers From Requiring COVID Vaccine

HARRISBURG, PA — Workers could refuse an employer's demand to be fully vaccinated against the coronavirus under a bill being considered in the state House.

State Rep. Russ Diamond of Lebanon County has introduced what he calls the "Right to Refuse Act," which was approved Tuesday by the House Labor & Industry Committee. The measure now goes to the full House for a vote, which could be as early as June 22.

"This legislation is intended to enshrine the right to refuse invasive medical screenings and vaccinations in state law and provide civil damages for employees whose rights are violated," Diamond wrote in a recent memo to colleagues. "An employee’s body is their own, and employers should not be permitted to require invasive medical tests or vaccinations as a condition of employment."

The bill would enable workers or potential workers avoid employer mandate vaccinations by providing written notice that their doctor is concerned it might harm their health; that they have religious or "strong moral or ethical" convictions against a vaccine; that they already had COVID-19; or that they are concerned because the vaccine has not received federal regulatory approval.

Under the legislation, employees could sue employers for reinstatement if prevented from working because they aren't vaccinated. They also can sue if they are discriminated against or suffer retaliation from the employer for not getting vaccinated.

If successful in the litigation, they could receive triple the amount of lost wages, attorney fees and any other relief the court believes is appropriate.

Exceptions would exist for certain medical testing required by state or federal law, testing for illegal use of drugs and testing necessary to comply with federal OSHA requirements.

See the entire bill here.

In related legislation, the state Senate has approved legislation to prohibit so-called public-sector vaccine passports and to restrict a state health secretary's powers when fighting a contagious disease.

That bill's prohibition on vaccine passports would apply to state agencies, counties, municipalities, school districts and universities that receive state aid, but not private businesses or organizations.

Gov. Tom Wolf has vowed to veto the bill.