New Florida legislation seeks to protect individuals from discrimination “based on health care choices” and bars COVID-19 mandates. The new law took effect on June 1, 2023.
The law’s restrictions on vaccine mandates and facial coverings also apply in educational settings, in addition to employers and businesses. Florida schools, both public and private, from preschool through college cannot mandate the COVID-19 vaccine, testing, or face masks or other facial coverings.
For Florida employers, the new law:
Prohibits business and governmental entities from requiring individuals to provide proof of vaccination or post-infection recovery from any disease to gain access to, entry upon, or service from such entities. Such proof has been commonly referred to as “vaccine passports.”
Prohibits employers from refusing employment to or discharging, disciplining, demoting, or otherwise discriminating against an individual solely on the basis of vaccination or immunity status.
With certain exceptions, prohibits businesses from mandating or requiring masks in order to gain entry to their facilities.
Therefore, employers in Florida cannot mandate the COVID-19 vaccine or any other vaccine under “emergency use authorization.”
Taking any adverse action based solely on knowledge or belief relating to an individual’s COVID-19 vaccination status or a failure to take a COVID-19 test will be deemed “discrimination on the basis of vaccination status” and violates the law.
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