Print
House File 369 - IntroducedA Bill ForAn Act 1relating to employer liability for adverse effects
2resulting from mandated COVID-19 vaccinations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 686D.2, Code 2023, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 1A. “COVID-19 vaccine” means a vaccine or
4immunization approved by the centers for disease control and
5prevention of the United States department of health and human
6services to prevent COVID-19.
7 NEW SUBSECTION. 2A. “Employee” means an individual who is
8employed in this state for wages by an employer. “Employee”
9includes an applicant for employment.
10 NEW SUBSECTION. 2B. “Employer” means a person who employs
11an individual in this state for wages.
12 Sec. 2. Section 686D.8, subsection 1, Code 2023, is amended
13to read as follows:
141. Create, recognize, or ratify a claim or cause of action
15of any kind, except for the cause of action created pursuant
16to section 686D.9.
17 Sec. 3. NEW SECTION. 686D.9 Mandated COVID-19 vaccines —
18employer liability.
191. An employee may bring a civil claim against an employer
20in a court of competent jurisdiction for damages for injury,
21illness, or adverse effects resulting from a COVID-19 vaccine
22if the employer required the employee to receive the COVID-19
23vaccine as a condition of employment.
242. The employer bears the burden to prove by a preponderance
25of the evidence that the employer is not liable or responsible
26for any injuries, illness, or adverse effects resulting from
27the employee receiving a COVID-19 vaccine.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to employer liability for an employer
32that implements an employee COVID-19 vaccination mandate. The
33bill defines “COVID-19 vaccine”, “employee”, and “employer”.
34The bill provides that an employee may bring a civil claim
35against an employer if the employee was required to receive
-1-1a COVID-19 vaccine and suffered an injury, illness, or other
2adverse effect from the required vaccine. The burden of proof
3rests on the employer to show that the employer is not liable
4or responsible for any injury resulting from the employee
5receiving a COVID-19 vaccine.
-2-cm/ns
2resulting from mandated COVID-19 vaccinations.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 686D.2, Code 2023, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 1A. “COVID-19 vaccine” means a vaccine or
4immunization approved by the centers for disease control and
5prevention of the United States department of health and human
6services to prevent COVID-19.
7 NEW SUBSECTION. 2A. “Employee” means an individual who is
8employed in this state for wages by an employer. “Employee”
9includes an applicant for employment.
10 NEW SUBSECTION. 2B. “Employer” means a person who employs
11an individual in this state for wages.
12 Sec. 2. Section 686D.8, subsection 1, Code 2023, is amended
13to read as follows:
141. Create, recognize, or ratify a claim or cause of action
15of any kind, except for the cause of action created pursuant
16to section 686D.9.
17 Sec. 3. NEW SECTION. 686D.9 Mandated COVID-19 vaccines —
18employer liability.
191. An employee may bring a civil claim against an employer
20in a court of competent jurisdiction for damages for injury,
21illness, or adverse effects resulting from a COVID-19 vaccine
22if the employer required the employee to receive the COVID-19
23vaccine as a condition of employment.
242. The employer bears the burden to prove by a preponderance
25of the evidence that the employer is not liable or responsible
26for any injuries, illness, or adverse effects resulting from
27the employee receiving a COVID-19 vaccine.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to employer liability for an employer
32that implements an employee COVID-19 vaccination mandate. The
33bill defines “COVID-19 vaccine”, “employee”, and “employer”.
34The bill provides that an employee may bring a civil claim
35against an employer if the employee was required to receive
-1-1a COVID-19 vaccine and suffered an injury, illness, or other
2adverse effect from the required vaccine. The burden of proof
3rests on the employer to show that the employer is not liable
4or responsible for any injury resulting from the employee
5receiving a COVID-19 vaccine.
-2-cm/ns