Bill Description: House Bill 140 would require employers or companies that contract with the state of Idaho not to discriminate against unvaccinated persons.
Analyst Note: The state should not discriminate against any Idahoan either directly or indirectly. By contracting with companies that discriminates against unvaccinated persons, the state is indirectly supporting and subsidizing such discrimination.
It is also worth noting that as a model for reducing discrimination, this bill demonstrates a method by which the state can discourage discrimination without resorting to regulations, mandates, or penalties.
Does it violate the principle of equal protection under the law? Examples include laws which discriminate or differentiate based on age, gender, or religion or which apply laws, regulations, rules, or penalties differently based on such characteristics. Conversely, does it restore or protect the principle of equal protection under the law?
House Bill 140 creates Chapter 28, Title 44, Idaho Code, the "Medical Consumer Protection Act." The purpose of this act is to protect the medical freedom of individuals without imposing mandates on private companies.
The bill says, "The state of Idaho and any political subdivision in the state may not enter into a contract with an employer or company that engages in discrimination against unvaccinated persons." It goes on to say, "No employer or company having entered into a contract with the state or any political subdivision in the state may engage in discrimination against unvaccinated persons."
This bill creates no new criminal penalties. Instead, a simple observation of fact suffices: "An employer or company that violates this section is in breach of its contract with the state or respective political subdivision in the state."
Discrimination can be a costly practice that harms efficiency because it excludes prospective customers and prevents potential competent employees from being hired. By declining to do business with companies that embrace the inefficient practice of discriminating against unvaccinated persons, the state can save taxpayer dollars.
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