PRINTER'S NO. 233
THE GENERAL ASSEMBLY OF PENNSYLVANIA
HOUSE BILL
No.
262
Session of
2021
INTRODUCED BY DIAMOND, GLEIM, HAMM, KAUFFMAN, METCALFE, MOUL,
ROWE, RYAN, SMITH AND ZIMMERMAN, JANUARY 26, 2021
REFERRED TO COMMITTEE ON LABOR AND INDUSTRY, JANUARY 26, 2021
AN ACT
Providing for the right of an employee or prospective employee
to refuse to participate in an invasive medical test or
vaccination required by an employer.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Right to
Refuse Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Employee." Includes an individual employed by an employer.
"Employer." Includes an individual, partnership,
association, corporation or business trust, the Commonwealth, a
political subdivision of the Commonwealth or an authority or
instrumentality of the Commonwealth, or a person or group of
persons acting, directly or indirectly, in the interest of an
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employer in relation to an employee.
"Invasive medical test." As follows:
(1) A medical test or screening that:
(i) involves puncture or incision of the skin,
insertion of an instrument or injection of foreign
material into the body; or
(ii) requires the employee to provide samples of
bodily fluids, bodily tissue or genetic material.
(2) The term does not apply to medical testing or
screening that is:
(i) required by Federal or State law;
(ii) intended to screen for the illegal use of
drugs, except for the use of marijuana; or
(iii) is necessary for the employer to comply with
workplace safety standards issued under the Occupational
Safety and Health Act of 1970 (Public Law 91-596, 29
U.S.C. ยง 651 et seq.).
"Prospective employee." An individual who has been offered
employment by an employer, whether or not the offer is
contingent on additional review or screening by the employer.
Section 3. Prohibited acts.
It shall be unlawful for an employer to discharge, refuse to
hire, threaten or otherwise retaliate or discriminate against an
employee or prospective employee regarding compensation or other
terms or conditions of employment because the employee or
prospective employee:
(1) refuses to participate in an invasive medical test
or vaccination required by the employer; or
(2) informs other employees of the provisions of this
act.
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Section 4. Actions.
(a) Right to bring action.--An employee or prospective
employee who suffers retaliation or discrimination in violation
of section 3 may bring an action in a court of common pleas in
accordance with established civil procedures of this
Commonwealth.
(b) Time limitation.--An action under this section must be
brought within three years from the date that the employee or
prospective employee knew of the retaliation or discrimination.
Section 5. Relief.
If an employee or prospective employee prevails in an action
commenced under section 4, the employee shall be entitled to the
following relief:
(1) Reinstatement of the employee, if applicable.
(2) Restitution equal to three times the amount of the
individual's wages and fringe benefits or prospective wages
and fringe benefits calculated from the date of the
retaliation or discrimination.
(3) Reasonable attorney fees and costs of the action.
(4) Any other legal and equitable relief as the court
deems appropriate.
Section 6. Effective date.
This act shall take effect in 60 days.
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