Tennessee Expands Employee Protections Relating To COVID-19 Vaccine Mandates – Employment and HR – United States – Mondaq News Alerts

18 March 2022

Proskauer Rose LLP

To print this article, all you need is to be registered or login on Mondaq.com.

Tennessee Governor Bill Lee has signed into law a bill that expandsprotections for employees who are subject to employer COVID-19vaccine mandates.

The new law supplements existing state law that prohibits privateemployers and other entities from compelling or otherwise taking"adverse action" against a person to compel the person toprovide proof of vaccination if the person objects to receiving aCOVID-19 vaccine "for any reason." The law defines"adverse action" to include denying employment ordischarging, threatening or otherwise discriminating against anemployee "in any manner that affects the employee'semployment, including compensation, terms, conditions, locations,rights, immunities, promotions, or privileges." The existinglaw gives applicants and employees a right to seek injunctiverelief and to recover compensatory damages and reasonableattorneys' fees for violations.

Effective March 11, 2022, the new Tennessee lawprovides that "[a]n employer that requires a person to provideproof of vaccination or requires an individual receive the COVID-19vaccine must grant the person an exemption to the policy if: (1)the person provides a valid reason for a medical exemptionsupported by a statement that has been signed and dated by alicensed healthcare provider; or (2) the person states that theperson has a religious belief which prevents the person fromcomplying with the policy." For an exemption based onreligious belief, the law prohibits the employer from requiring anindividual to provide further proof beyond their initial statementin order to be granted an exemption. Notably, unlike federal law,there is nothing in this new law that enables employers to denysuch exemption requests because the exemption would cause an unduehardship for the employer or otherwise create a direct threat tothe employee or others in the workplace.

Employers also are required to provide a response to requestsfor an exemption within two (2) business days, and must not deny arequest without a written explanation explaining why the requestwas denied. The law further prohibits employers from discharging,threatening to discharge, or reducing the compensation of a personwho requests and is granted an exemption.

Violations of the new law are punishable by a civil penalty of$10,000.

Tennessee Expands Employee Protections Relating toCOVID-19 Vaccine Mandates

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

POPULAR ARTICLES ON: Employment and HR from United States

Kelley Drye & Warren LLP

In a move that comes as no surprise, the EEOC has updated its COVID-19 technical assistance to provide guidance on when COVID-19 may be considered a "disability" under the Americans with Disabilities Act, ...

The rest is here:

Tennessee Expands Employee Protections Relating To COVID-19 Vaccine Mandates - Employment and HR - United States - Mondaq News Alerts