AIM-opposed bill advances with Republican support, leaving employers open to employee lawsuits
April 21, 2022 - The Missouri House yesterday gave initial approval to a bill by Rep. Mitch Boggs that would establish liability of employers that require employees to receive an immunization if the employee incurs damages or injury arising from the required immunization. HB 1692 is also known as the "Required Immunization Liability Act."
"This bill is a plaintiffs' attorney dream, due to the loose language and broad liability it establishes for employers," said Ray McCarty, president and CEO of Associated Industries of Missouri. "The language does not require the employee to show the vaccination was the primary reason for the damages or injury - only that the damage or injury 'arose from' the required immunization," he said.
As with all bills that interfere with an employer's right to require vaccinations if they make a business decision to do so, AIM is opposed, but particularly opposed to the language of this bill that leaves employers requiring immunizations open to lawsuits from employees for any perceived damages or injury they believe is related to the required immunization, with no required standard of proof.
The bill was passed with heavy Republican support 92-44. The vote was as follows:
Andrews, Atchison, Baker, Basye, Billington, Black 137, Black 7, Boggs, Bromley, Brown 16, Buchheit-Courtway, Burger, Busick, Christofanelli, Coleman 32, Cook, Copeland, Cupps, Davidson, Davis, Deaton, Derges, Dinkins, Eggleston, Ellebracht, Evans, Falkner, Fishel, Fitzwater, Francis, Gregory 51, Griffith, Haden, Haffner, Haley, Hardwick, Henderson, Hicks, Houx, Hovis, Hudson, Hurlbert, Kalberloh, Kelley 127, Kelly 141, Lovasco, Mayhew, McGirl, Morse, Murphy, O'Donnell, Owen, Perkins, Pike, Plocher, Pollitt 52, Pollock 123, Porter, Pouche, Railsback, Reedy, Richey, Riggs, Riley, Roden, Rone, Sander, Sassmann, Sauls, Schroer, Schwadron, Seitz, Sharp 36, Sharpe 4, Shaul, Simmons, Smith 155, Smith 163, Stephens 128, Tate, Taylor 139, Taylor 48, Thomas, Thompson, Toalson Reisch, Trent, Van Schoiack, Speaker Vescovo, Walsh 50, West, Wiemann, and Wright.
Adams, Aldridge, Anderson, Appelbaum, Aune, Bangert, Baringer, Barnes, Bland Manlove, Bosley, Brown 27, Brown 70, Burnett, Burton, Butz, Clemens, Collins, DeGroot, Doll, Fogle, Gray, Gunby, Ingle, Johnson, Lewis 25, Mackey, McCreery, Merideth, Mosley, Nurrenbern, Person, Phifer, Proudie, Quade, Rogers, Smith 45, Smith 67, Stevens 46, Terry, Turnbaugh, Unsicker, Walsh Moore 93, Weber, and Young.
ABSENT WITH LEAVE: 020
Bailey, Chipman, Coleman 97, Dogan, Gregory 96, Grier, Kidd, Knight, Lewis 6, McDaniel, McGaugh, Patterson, Pietzman, Price IV, Roberts, Schnelting, Shields, Stacy, Veit, and Windham.
The legislative session will end on May 13, 2022, leaving three weeks for the bill to receive a final vote in the House and move through the Senate.