Amends TCA Title 4; Title 5; Title 6; Title 7; Title 29; Title 50 and Title 68.

Present law provides that the Occupational Safety and Health Act of 1972 does not authorize or require medical examination, immunization or treatment for those who object to the medical examination, immunization or treatment on religious grounds; however, there is an exception to this provision when the medical examination, immunization or treatment is necessary for the protection of the health or safety of others. This bill adds, that notwithstanding that exception, a public employer is prohibited from requiring an employee to receive a vaccine as a condition of employment. Under this bill, if a private employer requires an employee to receive a vaccine as a condition of employment, then: (1) The private employer must: (A) Give the employee the opportunity to express agreement or disagreement with receiving the vaccine and document the employee's response; (B) Document whether an adverse action was taken against an employee who refused to receive the vaccine; and (C) Document each report, if any, from an employee asserting that the employee suffered a severe adverse reaction or developed a severe health condition as a result of receiving the vaccine; and (2) The private employer is strictly liable for damages as a result of a severe adverse reaction or the development of a severe health condition as a result of receiving the vaccine. This bill specifies that it does not prohibit a private employer from terminating the employment of an employee who refuses to receive a vaccine required by the private employer. Also, under this bill, if a private employer and employee enter into, renew, or modify an employment contract on or after the effective date of this bill that contains a noncompete, nonsolicitation, nondisparagement, or confidentiality clause, and the employer requires the employee to receive a vaccine as a condition of employment on or after the effective date of this bill, such clause in the employment contract will be void and unenforceable upon notice to the employee of the requirement to receive the vaccine. The liability created by this bill will be an exception under the Tennessee COVID-19 Recovery Act, which generally provides that there is no claim against any person for loss, damage, injury, or death arising from COVID-19, unless the claimant proves by clear and convincing evidence that the person proximately caused the loss, damage, injury, or death by an act or omission constituting gross negligence or willful misconduct.