On March 3, 2022, the Indiana General Assembly passed House Bill 1001, which restricts employer COVID-19 vaccine mandates. This legislation—which was controversial out of the gate—was toned down significantly by the Senate after it moved out of the House, largely in response to pressure from local business organizations. The final version of the bill was signed right away by Governor Eric Holcomb and is effective immediately. The law’s most notable provisions require covered employers to accept (under certain conditions) medical, religious, and acquired immunity exemptions from vaccine mandates, and to allow employees with exemptions to submit to COVID-19 testing in lieu of immunization.

Which Employers Do and Do Not Have to Comply

Generally speaking, all employers, regardless of size, must comply with the law with respect to their employees in Indiana. Under the law, the following employers are not subject to the law’s vaccine mandate restrictions:

• Federal employers
• Federal contractors
• Healthcare employers that receive Medicare and Medicaid funding (thereby reconciling the law with the Health and Human Services vaccine mandate for healthcare workers in Medicare/Medicaid facilities)
• Professional sports organizations and entertainment venues with respect to their employees who work closely with teams and entertainment at the venue

Definition of “Employee”

The law defines “employee” as “an individual who works for an employer on a full-time or part-time basis, either paid...

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