Seeking “compromise” and following in the footsteps of other governors, Kansas Governor Laura Kelly signed House Bill (HB) No. 2001 into law on November 23, 2021, broadening exemptions from employer COVID-19 vaccine mandates, permitting the imposition of civil penalties against noncomplying Kansas employers, and providing unemployment benefits to individuals who were discharged for failing to comply with an employer’s vaccine mandate and asserted that their employers violated HB 2001. The new law took effect immediately.

Here is an overview of HB 2001’s key provisions.

Vaccine Exemptions

If an employer implements a COVID-19 vaccine requirement, HB 2001 requires exemptions for employees and applicants who submit a written waiver to the employer stating that complying with the mandate would:

• “Endanger the life or health of the employee or an individual residing with the employee, as evidenced by an accompanying written statement signed by a physician or another person who performs acts pursuant to practice agreements, protocols, or at the order, direction, or delegation of a physician; or
• Violate sincerely held religious beliefs of the employee, as evidenced by an accompanying written statement signed by the employee.”

HB 2001 requires employers to grant sincerely held religious belief exemptions requested in accordance with its provisions, “without inquiring as to the sincerity of the request.”

Penalties

HB 2001 allows an aggrieved employee and applicants to file a...

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