House File 369 - Introduced HOUSE FILE 369 BY ANDREWS A BILL FOR An Act relating to employer liability for adverse effects 1 resulting from mandated COVID-19 vaccinations. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 2229YH (2) 90 cm/ns

H.F. 369 Section 1. Section 686D.2, Code 2023, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 1A. “COVID-19 vaccine” means a vaccine or 3 immunization approved by the centers for disease control and 4 prevention of the United States department of health and human 5 services to prevent COVID-19. 6 NEW SUBSECTION . 2A. “Employee” means an individual who is 7 employed in this state for wages by an employer. “Employee” 8 includes an applicant for employment. 9 NEW SUBSECTION . 2B. “Employer” means a person who employs 10 an individual in this state for wages. 11 Sec. 2. Section 686D.8, subsection 1, Code 2023, is amended 12 to read as follows: 13 1. Create, recognize, or ratify a claim or cause of action 14 of any kind , except for the cause of action created pursuant 15 to section 686D.9 . 16 Sec. 3. NEW SECTION . 686D.9 Mandated COVID-19 vaccines —— 17 employer liability. 18 1. An employee may bring a civil claim against an employer 19 in a court of competent jurisdiction for damages for injury, 20 illness, or adverse effects resulting from a COVID-19 vaccine 21 if the employer required the employee to receive the COVID-19 22 vaccine as a condition of employment. 23 2. The employer bears the burden to prove by a preponderance 24 of the evidence that the employer is not liable or responsible 25 for any injuries, illness, or adverse effects resulting from 26 the employee receiving a COVID-19 vaccine. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to employer liability for an employer 31 that implements an employee COVID-19 vaccination mandate. The 32 bill defines “COVID-19 vaccine”, “employee”, and “employer”. 33 The bill provides that an employee may bring a civil claim 34 against an employer if the employee was required to receive 35 -1- LSB 2229YH (2) 90 cm/ns 1/ 2

H.F. 369 a COVID-19 vaccine and suffered an injury, illness, or other 1 adverse effect from the required vaccine. The burden of proof 2 rests on the employer to show that the employer is not liable 3 or responsible for any injury resulting from the employee 4 receiving a COVID-19 vaccine. 5 -2- LSB 2229YH (2) 90 cm/ns 2/ 2