Section 1 Short title
This Act may be cited as the “Employee Privacy Act”.
Employee Privacy Act
A BILL
To amend the Fair Labor Standards Act of 1938 to prohibit employers from inquiring about vaccination status, and for other purposes.
Sec. 2 Prohibition relating to vaccination status inquiries
In general— The Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) is amended by inserting after section 7 the following new section:
“8. Prohibition relating to vaccination status inquiries
“It shall be an unlawful practice for an employer to inquire about the vaccination status of any current or prospective employee.”
Penalties— Section 16 of such Act (29 U.S.C. 216) is amended by adding at the end the following new subsection:
“(f) Any person who violates the provisions of section 8 shall—
“(1) be subject to a civil penalty of $5,000 for a first offense, increased by an additional $1,000 for each subsequent offense, not to exceed $10,000; and
“(2) be liable to each employee or prospective employee who was the subject of the violation for special damages not to exceed $10,000 plus attorneys’ fees, and shall be subject to such injunctive relief as may be appropriate.”