Noem bill would allow employees to sue over COVID vaccination mandates

Kim Jarrett
Just the News
Thu, 27 Jan 2022 11:23 UTC

© RSBN/AP/Rich Pedroncelli

South Dakota Governor Kristi Noam • The people speak out

The proposed legislation would require employers to grant exemptions for medical or religious reasons as well for natural immunity.

South Dakota Gov. Kristi Noem is proposing a bill that would allow employees to sue employers if they are denied an exemption from a COVID-19 vaccination. The governor unveiled legislation Thursday that would require employers to grant the exemptions for medical or religious reasons.

Employers also would be required to recognize natural immunity as an exemption. The employee must provide proof of a positive serum antibody test from a qualified laboratory within 180 days of requesting the exemption. The employer could require another test to renew the exemption, according to the bill.

Noem said in a statement:

"The COVID vaccination should be a choice, and we should reject the efforts that we are seeing in other parts of the country to divide us into two classes: vaccinated and unvaccinated. Unvaccinated Americans are still Americans."

The bill would exempt the National Guard. The Pentagon is requiring the COVID-19 vaccine for all National Guard members.

Employees who are "injured by a violation of this Act may apply for injunctive and declaratory relief, without bond, to restrain their employer from violating this Act," according to the bill.

Noem signed an executive order last year exempting state employees from President Joe Biden's vaccination mandate for employers with more than 100 employees.

Comment: Governor Noem aims to make these exemptions permanent and to extend them to employees of private businesses.

Gov. Noem has largely become known as a strong conservative fighter in her home state of South Dakota, and she recently shared her thoughts on the Supreme Court of the United States' (SCOTUS) ruling to strike down one of Joe Biden's federal vaccine mandates.

Noem additionally promised in her statement that she would be, "working with the legislature to pass protections for private employees, just like we have already done for state workers."

On Thursday, Gov. Noem additionally released a statement clarifying her position on the Covid vaccine and her legislative proposal:

"The COVID vaccination should be a choice, and we should reject the efforts that we are seeing in other parts of the country to divide us into two classes: vaccinated and unvaccinated. Americans are still Americans. We live in a free country - free to make our own decisions. In South Dakota, we will protect the liberty of our people to make the best decisions for themselves and their families."