Messmer Column: Protecting Employees' Individual Liberties

Local Sources - Indiana Senator Mark Messmer's topic of conversation in this weeks Messmer Report is "protecting employee's individual liberties".

Last fall, the Biden administration began pushing a national COVID-19 vaccine mandate on businesses in an effort to slow the spread of COVID-19. Many Hoosiers, including 78% of the Senate District 48 residents who responded to my constituent survey, believes the government should allow private businesses to make that decision while protecting the personal liberty of employees.  In an effort to provide both, I authored legislation, which has now passed into law, granting private businesses the option of mandating the vaccine, while also protecting the rights of employed Hoosiers.


House Enrolled Act 1001 allows private businesses to voluntarily enact a COVID-19 vaccine mandate and outlines exemptions for employees to opt out of the requirements. The bill prohibits all government entities from requiring proof of vaccine. Since the U.S. Supreme Court upheld the Federal OSHA rules that deal with health care workers, they are not impacted by this bill.

Employees may receive an exemption from a private business-led mandate if they have religious objections, a signed statement from a health care professional that they should not be vaccinated for medical reasons, or a laboratory test conducted in the past three months indicating they have natural immunity against COVID-19. There is no requirement that an employer must recognize natural immunity without this law.

An employer may choose to require exempted employees to undergo a COVID-19 testing no more than twice a week. The testing has to be in the least invasive method possible and cannot create an undue burden on the employee.

I believe the protection of Hoosiers' individual rights is one of the most important responsibilities the General Assembly has. HEA 1001 strikes a good balance between the interest of business and the protection of an employees personal liberty.

The governor signed HEA 1001 on March 3, and ended the public health emergency in Indiana.

As always, feel free to contact my office directly with your questions and concerns by email at [email protected] or by phone at 800-382-9467.