Bill Description: H422 prohibits certain vaccine mandates imposed by employers on existing employees.

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Analyst Note: H422 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?

H421 creates Section 44-203, Idaho Code, to prohibit employers from requiring "an existing employee to receive a vaccination as a condition of continued employment."

Unfortunately, this bill explicitly says it does not prohibit "an employer from requiring a new employee, as a condition of hire, to receive a vaccination authorized by the United States food and drug administration."

This is concerning both because it allows for discrimination against new employees and because it uses a changeable federal standard to define what constitutes an allowable vaccine mandate. 

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