[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6113 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 6113

  To amend the Fair Labor Standards Act of 1938 to prohibit employers 
    from inquiring about vaccination status, and for other purposes.


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                    IN THE HOUSE OF REPRESENTATIVES

                            December 1, 2021

    Mr. Mast (for himself, Mr. Higgins of Louisiana, Mr. Posey, Mr. 
Gohmert, Mr. Duncan, Mrs. Miller of Illinois, Mr. Tiffany, Mr. Good of 
Virginia, Mr. Hice of Georgia, and Mr. Babin) introduced the following 
    bill; which was referred to the Committee on Education and Labor

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                                 A BILL


 
  To amend the Fair Labor Standards Act of 1938 to prohibit employers 
    from inquiring about vaccination status, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Employee Privacy Act''.

SEC. 2. PROHIBITION RELATING TO VACCINATION STATUS INQUIRIES.

    (a) 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:

``SEC. 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.''.
    (b) 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.''.
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