Effective May 2, 2023, employment discrimination based on an individual’s vaccination status or whether they have an immunization passport is prohibited. This applies to all employers and all parts of employment such as hiring, pay, and employment terms and conditions.
Under the law, an immunity passport is a document, digital record, or software application indicating that an individual is immune to a disease, whether through vaccination or infection and recovery; and vaccination status is an indication of whether an individual has received one or more doses of a vaccine.
The law has some exceptions. For instance, it doesn’t apply to certain people working in childcare or when federal law mandates a vaccination. The law also has an exception for, and it doesn’t apply to, employers that:
- Establish a connection between a vaccination requirement and the employee’s assigned duties and responsibilities; or
- Identify an external requirement for vaccination that is not imposed by the employer and is related to the employee’s duties and responsibilities.
The state prohibits discrimination based on immunity status; however, the law doesn’t prohibit employers from recommending that an employee get vaccinated.