House Bill 410 — Employee Medical Information Protection Act

House Bill 410 — Employee Medical Information Protection Act

by
Parrish Miller
November 15, 2021
Parrish Miller
November 15, 2021

Bill Description: House Bill 410 prohibits discrimination by employers based on vaccination status. 

Rating: 0

Analyst Note: H410 is one of several pieces of legislation introduced during the November meeting of the 2021 session to address the issue of vaccine mandates in Idaho. 

Does it violate the spirit or the letter of either the U.S. Constitution or the Idaho Constitution? Examples include restrictions on speech, public assembly, the press, privacy, private property, or firearms. Conversely, does it restore or uphold the protections guaranteed in the U.S. Constitution or the Idaho Constitution?

H410 creates Section 44-2801 Idaho Code, to prohibit discrimination by employers against employees or prospective employees based on an individual's "vaccination records, vaccination status, or refusal to be vaccinated."

The bill excludes the federal government and federal agencies, allowing them to engage in otherwise prohibited discrimination. 

While the bill claims to prohibit discrimination, it does not actually protect the privacy and personal medical information of individuals, nor does it prohibit employers from seeking information on, cataloging, or monitoring their employees' vaccination records, vaccination status, or refusal to be vaccinated.

The bill may prohibit overt acts of discrimination, but it does not address the more fundamental issues and individual rights that require protection. 

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