As of June 23, 2021, there are three pending bills in the Ohio legislature that would effectively ban mandatory COVID-19 vaccinations. While all three bills, H.B. 248, S.B. 169, and S.B. 350, would practically prohibit COVID-19 vaccination requirements by public and private employers, they are different in scope and implementation. A summary of the three bills follows.
H.B. 248’s text does not directly ban COVID-19 vaccination requirements but allows individuals to decline if they have medical contraindications, natural immunity, or for reasons of conscience, including religious convictions. Moreover, the bill would allow individuals to decline not only the COVID-19 vaccine, but any vaccine, including for meningitis, hepatitis, and chickenpox.
Assuming the bill is passed, individuals would be able to decline the vaccination mandate by submitting a written statement or making a verbal declaration that specifies one of the reasons above. An employer that requires vaccination against COVID-19 would have to notify employees that they may decline.
S.B. 169, unlike H.B. 248, directly prohibits any COVID-19 vaccine requirements. The senate bill also expressly keeps intact Ohio statutes requiring proof of vaccination for diseases such as hepatitis and meningitis.
S.B. 350 is the latest COVID-19 vaccination-related bill introduced to the Ohio legislature. Like S.B. 169, its text also directly prohibits COVID-19 vaccine mandates. However, S.B. 350 carves out an exception for health care providers. Health care providers would be allowed to require their employees to take the COVID-19 vaccination, provided that the vaccine is FDA-approved and not merely FDA-authorized.
S.B. 350 also reaches further than either H.B. 248 or S.B. 169. It would likely make firing an employee for refusing to vaccinate an unlawful termination. Additionally, denying an individual the equal enjoyment of goods, service, facilities, and public spaces based on their COVID-19 vaccination or immunity stats would become an unlawful discriminatory practice. This provision appears to be aimed at prohibiting employers from offering monetary or other incentives for employees who are vaccinated. The bill would also effectively ban technology companies from creating “vaccine-passport” apps. Finally, S.B. 350 would strip state funding from political subdivisions that violate its provisions.
The Attorneys at Fishel Downey regularly assist private and public employers on compliance with federal and state laws passed in response to the COVID-19 pandemic and will continue to offer up-to-date guidance. If you have a specific question or scenarios, and would like assistance, contact one of the attorneys at Fishel Downey Albrecht & Riepenhoff LLP at 614-221-1216 or email info@fisheldowney.com.