H.R. 6113 — Introduced in House

I 117th CONGRESS 1st Session H. R. 6113 IN THE HOUSE OF REPRESENTATIVES December 1, 2021Mr. 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 A BILL To amend the Fair Labor Standards Act of 1938 to prohibit employers from inquiring about vaccination status, and for other purposes. 1. Short title This Act may be cited as the Employee Privacy Act. 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: 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. .