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REFERENCE TITLE: employers; COVID-19 vaccine mandate; prohibition |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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HB 2475 |
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Introduced by Representatives Carroll: Biasiucci, Blackman, Bolick, Burges, Diaz, Dunn, Fillmore, Kavanagh, Nguyen, Parker, Payne, Pingerelli, Wilmeth, Senators Barto, Gowan, Leach, Livingston
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AN ACT
amending title 23, chapter 2, Article 1, arizona revised statutes, by adding section 23-207; relating to employment practices.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 23, chapter 2, article 1, Arizona Revised Statutes, is amended by adding section 23-207, to read:
23-207. Employers; COVID-19 vaccine mandate; prohibition; violation; demand for jury; damages
A. NOTWITHSTANDING ANY OTHER LAW, AN EMPLOYER MAY NOT REQUIRE AN EMPLOYEE TO RECEIVE THE COVID-19 VACCINE AS A CONDITION OR BENEFIT OF EMPLOYMENT, PROMOTION OR ANY FORM OF COMPENSATION.
B. this section does not prohibit any employer from providing a onetime financial incentive to employees who receive the covid-19 vaccine.
C. Any employee who has an interest that is or may be adversely affected may commence a civil action in superior court on the person's own behalf against an employer that violates this section. If a person does not commence a civil action, the attorney general shall investigate and take appropriate action for a violation of this section. A party may request a trial by jury and the request, if made, shall be granted. This section does not abrogate any other right to a trial by jury.
d. an employer that violates this section shall pay statutory damages in the amount of $20,000 per violation per employee. A prevailing plaintiff is entitled to reasonable attorney fees and costs.
e. For each calendar year beginning from and after December 31, 2022, the attorney general shall adjust the dollar amount of the statutory damages in subsection D of this section to reflect the percentage change for the previous year in the average consumer price index as published by the United States department of labor, bureau of labor statistics.