Amends TCA Title 4, Chapter 21; Title 50; Title 58, Chapter 2 and Title 68.
This bill makes it a discriminatory practice to treat a person differently on the basis of vaccination status and prohibits requiring a person to receive certain types of vaccines. This bill also prohibits the use of state and local government resources to implement, regulate, or enforce a federal law, executive order, rule, or regulation, that, in the judgment of the attorney general and reporter, would be a discriminatory practice under this bill, would violate the tenth amendment to the U.S. Constitution, or would harm the state's economy. VACCINE STATUS DISCRIMINATION Under this bill, it will be a discriminatory practice under the Tennessee Human Rights Act, thereby making the violator subject to administrative corrective action and civil liability, for: (1) A person to refuse, withhold from, or deny to an individual local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, healthcare access, or employment opportunities based on the individual's vaccination status or whether the individual has a vaccine passport; (2) An employer to refuse employment to an individual, to bar an individual from employment, or to discriminate against an individual in compensation or in a term, condition, or privilege of employment based on the individual's vaccination status or whether the individual has a vaccine passport; or (3) A place of public accommodation, resort, or amusement to exclude, limit, segregate, refuse to serve, or otherwise discriminate against an individual based on the individual's vaccination status or whether the individual has a vaccine passport. This bill defines "vaccination status" as an indication of whether a person has received one or more doses of a vaccine for COVID-19; and a "vaccine passport" as a document, digital record, or software application indicating that a person is immune to COVID-19, either through vaccination or infection and recovery. This bill's prohibitions will not apply to vaccination requirements for school children. Under this bill, it is not a discriminatory practice for a person, employer, or governmental entity to recommend that an employee receive a vaccine. Similarly, a health care institution does not unlawfully discriminate if the facility: (1) Asks an employee to volunteer the employee's vaccine passport or vaccination status for the purpose of determining whether the healthcare institution should implement reasonable accommodation measures to protect the safety and health of employees, patients, visitors, and other persons from communicable diseases; and (2) Implements reasonable accommodation measures for employees, patients, visitors, and other persons who are not vaccinated or not immune to protect the safety and health of employees, patients, visitors, and other persons from communicable diseases. PROHIBITION ON TYPES OF VACCINES This bill prohibits an individual from being required to receive a vaccine that is allowed under an emergency use authorization or that is undergoing clinical or safety trials. NURSING HOMES AND ASSISTED LIVING FACILITIES EXEMPTED A health care institution is exempted from the discrimination and vaccination provisions of this bill during a period of time that compliance with those provisions would result in a violation of regulations or guidance issued by the federal centers for medicare and medicaid services or the federal centers for disease control and prevention. REVIEW BY ATTORNEY GENERAL AND REPORTER This bill requires the attorney general and reporter to review federal laws, executive orders, rules, and regulations at the request of a member of the general assembly, and to disseminate the results of the review to the general assembly, the governor, and to governmental entities that are affected by the decision.
This bill makes it a discriminatory practice to treat a person differently on the basis of vaccination status and prohibits requiring a person to receive certain types of vaccines. This bill also prohibits the use of state and local government resources to implement, regulate, or enforce a federal law, executive order, rule, or regulation, that, in the judgment of the attorney general and reporter, would be a discriminatory practice under this bill, would violate the tenth amendment to the U.S. Constitution, or would harm the state's economy. VACCINE STATUS DISCRIMINATION Under this bill, it will be a discriminatory practice under the Tennessee Human Rights Act, thereby making the violator subject to administrative corrective action and civil liability, for: (1) A person to refuse, withhold from, or deny to an individual local or state services, goods, facilities, advantages, privileges, licensing, educational opportunities, healthcare access, or employment opportunities based on the individual's vaccination status or whether the individual has a vaccine passport; (2) An employer to refuse employment to an individual, to bar an individual from employment, or to discriminate against an individual in compensation or in a term, condition, or privilege of employment based on the individual's vaccination status or whether the individual has a vaccine passport; or (3) A place of public accommodation, resort, or amusement to exclude, limit, segregate, refuse to serve, or otherwise discriminate against an individual based on the individual's vaccination status or whether the individual has a vaccine passport. This bill defines "vaccination status" as an indication of whether a person has received one or more doses of a vaccine for COVID-19; and a "vaccine passport" as a document, digital record, or software application indicating that a person is immune to COVID-19, either through vaccination or infection and recovery. This bill's prohibitions will not apply to vaccination requirements for school children. Under this bill, it is not a discriminatory practice for a person, employer, or governmental entity to recommend that an employee receive a vaccine. Similarly, a health care institution does not unlawfully discriminate if the facility: (1) Asks an employee to volunteer the employee's vaccine passport or vaccination status for the purpose of determining whether the healthcare institution should implement reasonable accommodation measures to protect the safety and health of employees, patients, visitors, and other persons from communicable diseases; and (2) Implements reasonable accommodation measures for employees, patients, visitors, and other persons who are not vaccinated or not immune to protect the safety and health of employees, patients, visitors, and other persons from communicable diseases. PROHIBITION ON TYPES OF VACCINES This bill prohibits an individual from being required to receive a vaccine that is allowed under an emergency use authorization or that is undergoing clinical or safety trials. NURSING HOMES AND ASSISTED LIVING FACILITIES EXEMPTED A health care institution is exempted from the discrimination and vaccination provisions of this bill during a period of time that compliance with those provisions would result in a violation of regulations or guidance issued by the federal centers for medicare and medicaid services or the federal centers for disease control and prevention. REVIEW BY ATTORNEY GENERAL AND REPORTER This bill requires the attorney general and reporter to review federal laws, executive orders, rules, and regulations at the request of a member of the general assembly, and to disseminate the results of the review to the general assembly, the governor, and to governmental entities that are affected by the decision.
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