Mississippi recently passed House Bill 1509 (the “act”) codifying employees’ right to choose whether to be vaccinated against COVID-19, which some commentators believe would limit employers’ ability to impose mandatory vaccine requirements. But private employers with vaccine mandates can breathe easy. The act does not create a basis for a wrongful termination claim against a private employer under Mississippi’s common law. Further, private employers that do have a mandate are protected if they are healthcare facilities or, likely, if they are following CDC guidance.
Here’s what you need to know:
To start with, Mississippi lacks an anti-discrimination employment law regime applicable to private employers. Currently, Mississippi statutes only prohibit discrimination in employment or hiring practices for those in state service(see Miss. Code Ann. § 25-9-149). House Bill 1509 adds a prohibition against discrimination based on vaccine status.
The bulk of the act applies to public employers, including “any state agency, public official, state institution of higher learning, public college, or political subdivision,” and makes it unlawful for any such person or entity to discriminate against an individual based on (1) their COVID-19 vaccination status or (2) whether they have a vaccine passport. The law also provides that children will not be required to receive a COVID-19 vaccine as a condition of school...
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