‘‘(E) the user of any technology applica-
tion, platform, or service. 
‘‘(2) REQUIREMENTS.—For purposes of this 
subsection, an individual does not provide express 
consent to the disclosure of a COVID–19 vaccination 
status unless— 
‘‘(A) the individual agrees to the cir-
cumstances of disclosure in writing; and 
‘‘(B) the agreement is not conditioned on 
or contained within any other agreement. 
‘‘(3) EXCEPTION.—Paragraph (1) shall not 
apply if the parent or guardian of the individual pro-
vides consent to the disclosure described in that sub-
paragraph. 
‘‘(d) CRIMINAL
PENALTIES.—Whoever knowingly 
violates subsection (a) or (c) shall be imprisoned no more 
than 1 year, fined in accordance with this title, or both. 
‘‘(e) CIVIL PENALTIES.—Any person who receives the 
COVID–19 vaccination status of an individual under cir-
cumstances that would create a reasonable expectation of 
privacy in that status, including the circumstances listed 
in subparagraphs (A) through (E) of subsection (c)(1), 
and who either intentionally or negligently discloses that 
status to the public without the consent of the individual 
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shall be subject to a civil fine not to exceed $25,000 per 
disclosure or any actual damages suffered. 
‘‘(f) PREEMPTION.—This section does not annul, 
alter, or affect any law of any State or local government 
that provides a greater level of privacy than the provisions 
in this section.’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of chapters for part I of title 18, United States 
Code, is amended by inserting after the item relating to 
section 117 the following: 
‘‘117A. Vaccinations ......................................................................... 2431’’. 
TITLE II—PROHIBITION OF DIS-
CRIMINATION BASED ON VAC-
CINATION STATUS 
Subtitle A—Nondiscrimination in 
Employment 
SEC. 201. DEFINITIONS. 
In this section: 
(1) ADA TERMS.—The terms ‘‘direct threat’’ 
and ‘‘undue hardship’’ have the meaning given those 
terms in section 101 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12111). 
(2) COVERED ENTITY.—The term ‘‘covered en-
tity’’— 
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(A) has the meaning given the term ‘‘re-
spondent’’ in section 701(n) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e(n)); and 
(B) includes— 
(i) an employer, which means a per-
son engaged in industry affecting com-
merce who has 15 or more employees as 
defined in section 701(b) of title VII of the 
Civil Rights Act of 1964 (42 U.S.C. 
2000e(b)); and 
(ii) an entity to which section 717(a) 
of the Civil Rights Act of 1964 (42 U.S.C. 
2000e–16(a)) applies. 
(3) 
EMPLOYEE.—The 
term 
‘‘employee’’ 
means— 
(A) an employee (including an applicant), 
as defined in section 701(f) of the Civil Rights 
Act of 1964 (42 U.S.C. 2000e(f)); and 
(B) an employee (including an applicant) 
to which section 717(a) of the Civil Rights Act 
of 1964 (42 U.S.C. 2000e–16(a)) applies. 
(4) PERSON; COMMERCE; INDUSTRY AFFECTING 
COMMERCE.—The terms ‘‘person’’, ‘‘commerce’’, and 
‘‘industry affecting commerce’’ shall have the same 
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meaning given such terms in section 701 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e). 
(5) QUALIFIED EMPLOYEE.—The term ‘‘quali-
fied employee’’ means an employee or applicant who, 
with or without reasonable accommodation, can per-
form the essential functions of the employment posi-
tion. For the purposes of this title, consideration 
shall be given to the employer’s judgment as to what 
functions of a job are essential, and if an employer 
has prepared a written description before advertising 
or interviewing applicants for the job, this descrip-
tion shall be considered evidence of the essential 
functions of the job. 
(6) REASONABLE ACCOMMODATION.—The term 
‘‘reasonable accommodation’’ may include— 
(A) job restructuring, modified work sched-
ules, telework, reassignment to a vacant posi-
tion, or wearing a mask or personal protective 
equipment; and 
(B) 
physical 
distancing 
for 
an 
unvaccinated individual or an unvaccinated in-
dividual wearing a mask or personal protective 
equipment, to the extent that the unvaccinated 
individual interacts with individuals who are 
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vulnerable to COVID–19 and unvaccinated for 
COVID–19. 
(7) VACCINATION STATUS.—The term ‘‘vaccina-
tion status’’ means— 
(A) an individual’s status based on the vol-
untary election to receive or not to receive a 
COVID–19 vaccine; and 
(B) regardless of whether someone has or 
has not been vaccinated against COVID–19, an 
individual’s status with respect to having or 
producing proof of such vaccination in the form 
of a vaccine passport or other medical records 
that would demonstrate whether an individual 
has been vaccinated against COVID–19. 
SEC. 202. DISCRIMINATION PROHIBITED. 
(a) GENERAL RULE.—No covered entity shall dis-
criminate against a qualified employee on the basis of vac-
cination status, or the qualified employee’s unwillingness 
or inability to present a vaccine passport or other proof 
of having a COVID–19 vaccine, in regard to job applica-
tion procedures, the hiring, advancement, or discharge of 
employees, employee compensation, job training, and other 
terms, conditions, and privileges of employment. 
(b) CONSTRUCTION.— 
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(1) IN GENERAL.—As used in subsection (a), 
the term ‘‘discriminate against a qualified employee 
on the basis of vaccination status’’ includes— 
(A) limiting, segregating, or classifying an 
employee in a way that adversely affects the op-
portunities or status of such employee because 
of the vaccination status of such employee; 
(B) participating in a contractual or other 
arrangement or relationship that has the effect 
of subjecting a covered entity’s qualified em-
ployee based on vaccination status to the dis-
crimination prohibited by this title (such rela-
tionship includes a relationship with an employ-
ment or referral agency, labor union, an organi-
zation providing fringe benefits to an employee 
of the covered entity, or an organization pro-
viding training and apprenticeship programs); 
(C) utilizing standards, criteria, or meth-
ods of administration— 
(i) that have the effect of discrimina-
tion on the basis of vaccination status; or 
(ii) that perpetuate the discrimination 
of others who are subject to common ad-
ministrative control; 
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shown to be job-related for the position in ques-
tion and is consistent with business necessity. 
(2) EXCLUSIONS.—Notwithstanding any other 
provision of this section, the term ‘‘discriminate 
against a qualified individual on the basis of vac-
cination status’’ does not include— 
(A) requiring physical distancing by or 
from individuals who are particularly vulnerable 
to COVID–19 or have not been fully vaccinated 
for COVID–19; 
(B) requiring a qualified employee to wear 
a mask or to utilize other personal protective 
equipment; or 
(C) conducting any symptom check as de-
scribed in subsection (d)(3). 
(c) COVERED ENTITIES IN FOREIGN COUNTRIES.— 
It shall not be unlawful under this section for a covered 
entity to take any action that constitutes discrimination 
under this section with respect to an employee in a work-
place in a foreign country if compliance with this section 
would cause such covered entity to violate the law of the 
foreign country in which such workplace is located. 
(d) MEDICAL EXAMINATIONS AND INQUIRIES.— 
(1) IN GENERAL.—Consistent with paragraph 
(2), the prohibition against discrimination as re-
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ferred to in subsection (a) shall include medical ex-
aminations designed to reveal a qualified employee’s 
vaccination status and inquiries about a qualified 
employee’s vaccination status or reasons for choos-
ing not to receive a COVID–19 vaccine. 
(2) PROHIBITED EXAMINATIONS AND INQUIR-
IES.—A covered entity shall not require a medical 
examination designed to reveal a qualified employ-
ee’s vaccination status and shall not make inquiries 
of an employee as to the vaccination status of the 
employee or reasons for choosing not to receive a 
COVID–19 vaccine unless such examination or in-
quiry is shown to be job-related and consistent with 
business necessity. 
(3) SYMPTOM CHECKS PERMITTED.—Notwith-
standing any other provision of this title, a covered 
entity may implement basic health screenings that 
ask individuals if they have symptoms associated 
with COVID–19 as long as the covered entity does 
not discriminate against a qualified employee, as de-
scribed in subsection (a), based on those symptoms, 
provided that the covered entity does not discrimi-
nate on the basis of vaccination status when taking 
any action in response to any symptom check. 
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SEC. 203. DEFENSES. 
(a) IN GENERAL.—It may be a defense to a charge 
of discrimination under this title that an alleged applica-
tion of qualification standards, tests, or selection criteria 
that screen out or tend to screen out or otherwise deny 
a job or benefit to a qualified employee based on vaccina-
tion status has been shown to be job-related and consistent 
with business necessity, and such performance cannot be 
accomplished by reasonable accommodation, as required 
under this title. 
(b) RELIGIOUS ENTITIES.— 
(1) IN GENERAL.—This title shall not prohibit 
a religious corporation, association, educational in-
stitution, or society from giving preference in em-
ployment to individuals of a particular religion to 
perform work connected with the carrying on by 
such corporation, association, educational institu-
tion, or society of its activities. 
(2) RELIGIOUS TENETS REQUIREMENT.—Under 
this title, a religious organization may require that 
all applicants and employees conform to the religious 
tenets of such organization. 
SEC. 204. REMEDIES AND ENFORCEMENT. 
(a) EMPLOYEES COVERED BY TITLE VII OF THE 
CIVIL RIGHTS ACT OF 1964.— 
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(1) IN GENERAL.—The powers, remedies, and 
procedures provided in sections 705, 706, 707, 709, 
710, and 711 of the Civil Rights Act of 1964 (42 
U.S.C. 2000e–4 et seq.) to the Commission, the At-
torney General, or any person alleging a violation of 
title VII of such Act (42 U.S.C. 2000e et seq.) shall 
be the powers, remedies, and procedures this Act 
provides to the Commission, the Attorney General, 
or any person, respectively, alleging an unlawful em-
ployment practice in violation of this title against an 
employee described in section 201(3)(A) except as 
provided in paragraphs (2) and (3) of this sub-
section. 
(2) COSTS AND FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) 
of section 722 of the Revised Statutes (42 U.S.C. 
1988) shall be the powers, remedies, and procedures 
this Act provides to the Board or any person alleg-
ing such practice. 
(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limita-
tions contained in subsection (b)(3) of such section 
1977A, shall be the powers, remedies, and proce-
dures this title provides to the Board or any person 
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alleging such practice (not an employment practice 
specifically excluded from coverage under section 
1977A(a)(1) of the Revised Statutes). 
(b) EMPLOYEES COVERED BY SECTION 717 OF THE 
CIVIL RIGHTS ACT OF 1964.— 
(1) IN GENERAL.—The powers, remedies, and 
procedures provided in section 717 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000e–16) to the 
Commission, the Attorney General, the Librarian of 
Congress, or any person alleging a violation of that 
section shall be the powers, remedies, and proce-
dures this title provides to the Commission, the At-
torney General, the Librarian of Congress, or any 
person, respectively, alleging an unlawful employ-
ment practice in violation of this title against an em-
ployee described in section 201(3)(B), except as pro-
vided in paragraphs (2) and (3) of this subsection. 
(2) COSTS AND FEES.—The powers, remedies, 
and procedures provided in subsections (b) and (c) 
of section 722 of the Revised Statutes (42 U.S.C. 
1988) shall be the powers, remedies, and procedures 
this Act provides to the Commission, the Attorney 
General, the Librarian of Congress, or any person 
alleging such practice. 
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(3) DAMAGES.—The powers, remedies, and pro-
cedures provided in section 1977A of the Revised 
Statutes (42 U.S.C. 1981a), including the limita-
tions contained in subsection (b)(3) of such section 
1977A, shall be the powers, remedies, and proce-
dures this title provides to the Commission, the At-
torney General, the Librarian of Congress, or any 
person alleging such practice (not an employment 
practice specifically excluded from coverage under 
section 1977A(a)(1) of the Revised Statutes). 
(c) PROHIBITION AGAINST RETALIATION.— 
(1) IN GENERAL.—No person shall discriminate 
against any employee because such employee has op-
posed any act or practice made unlawful by this title 
or because such employee made a charge, testified, 
assisted, or participated in any manner in an inves-
tigation, proceeding, or hearing under this title. 
(2) PROHIBITION AGAINST COERCION.—It shall 
be unlawful to coerce, intimidate, threaten, or inter-
fere with any individual in the exercise or enjoyment 
of, or on account of such individual having exercised 
or enjoyed, or on account of such individual having 
aided or encouraged any other individual in the exer-
cise or enjoyment of, any right granted or protected 
by this title. 
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(3) REMEDY.—The remedies and procedures 
otherwise provided for under this section shall be 
available to aggrieved individuals with respect to vio-
lations of this subsection. 
(d) 
LIMITATION.—Notwithstanding 
subsections 
(a)(3) and (b)(3), if an unlawful employment practice in-
volves the provision of a reasonable accommodation pursu-
ant to this title or regulations implementing this title, 
damages may not be awarded under section 1977A of the 
Revised Statutes (42 U.S.C. 1981a) if the covered entity 
demonstrates good faith efforts, in consultation with the 
qualified employee, to identify and make a reasonable ac-
commodation that would provide such employee with an 
equally effective opportunity and would not cause an 
undue hardship on the operation of the covered entity. 
Subtitle B—Nondiscrimination in 
Public Accommodation 
SEC. 211. DEFINITIONS. 
In this subtitle: 
(1) ADA TERMS.—The terms ‘‘commerce’’, 
‘‘commercial facilities’’, ‘‘private entity’’, and ‘‘public 
accommodation’’ have the meanings given those 
terms in section 301 of the Americans with Disabil-
ities Act of 1990 (42 U.S.C. 12181). 
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(2) INDIVIDUAL
WHO
HAS
NOT
RECEIVED
A 
COVID–19 VACCINE.—The term ‘‘individual who has 
not received a COVID–19 vaccine’’ means an indi-
vidual who has not received a COVID–19 vaccine or 
who does not have or cannot produce proof of having 
such a vaccine. 
(3) VACCINATION STATUS.—The term ‘‘vaccina-
tion status’’ means— 
(A) an individual’s status based on the vol-
untary election to receive or not to receive a 
COVID–19 vaccine; and 
(B) regardless of whether someone has or 
has not been vaccinated against COVID–19, an 
individual’s status with respect to having or 
producing proof of such vaccination in the form 
of a vaccine passport or other medical records 
that would demonstrate whether an individual 
has been vaccinated against COVID–19. 
SEC. 212. PROHIBITION OF DISCRIMINATION BY PLACES OF 
PUBLIC ACCOMMODATION. 
(a) GENERAL RULE.—Subject to the provisions of 
this subtitle, no individual shall be discriminated against 
on the basis of vaccination status, or the individual’s un-
willingness or inability to present a vaccine passport or 
other proof of having a COVID–19 vaccine, in the full and 
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equal enjoyment of the goods, services, facilities, privi-
leges, advantages, or accommodations of any place of pub-
lic accommodation by any person who owns, leases (or 
leases to), or operates a place of public accommodation. 
(b) CONSTRUCTION.— 
(1) GENERAL PROHIBITION.— 
(A) ACTIVITIES.— 
(i) DENIAL
OF
PARTICIPATION.—It 
shall be discriminatory to subject an indi-
vidual or class of individuals on the basis 
of the vaccination status of such individual 
or class of individuals, directly, or through 
contractual, licensing, or other arrange-
ments, to a denial of the opportunity of the 
individual or class to participate in or ben-
efit from the goods, services, facilities, 
privileges, advantages, or accommodations 
of an entity. 
(ii) PARTICIPATION IN UNEQUAL BEN-
EFIT.—It shall be discriminatory to afford 
an individual or class of individuals, on the 
basis of vaccination status of such indi-
vidual or class of individuals, directly, or 
through contractual, licensing, or other ar-
rangements with the opportunity to partici-
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pate in or benefit from a good, service, fa-
cility, privilege, advantage, or accommoda-
tion that is not substantially equal to that 
afforded to other individuals. 
(iii) SEPARATE BENEFIT.—It shall be 
discriminatory to provide an individual or 
class of individuals, on the basis of vac-
cination status of such individual or class 
of individuals, directly, or through contrac-
tual, licensing, or other arrangements with 
a good, service, facility, privilege, advan-
tage, or accommodation that is different or 
separate from that provided to other indi-
viduals, unless such action is necessary to 
provide the individual or class of individ-
uals with a good, service, facility, privilege, 
advantage, or accommodation, or other op-
portunity that is as effective as that pro-
vided to others. 
(iv) INDIVIDUAL OR CLASS OF INDI-
VIDUALS.—For purposes of clauses (i) 
through (iii) of this subparagraph, the 
term ‘‘individual or class of individuals’’ 
refers to the clients or customers of the 
covered public accommodation that enters 
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into the contractual, licensing or other ar-
rangement. 
(B) INTEGRATED SETTINGS.—Goods, serv-
ices, facilities, privileges, advantages, and ac-
commodations shall be afforded to an individual 
regardless of vaccination status in the most in-
tegrated setting appropriate. 
(C) OPPORTUNITY TO PARTICIPATE.—Not-
withstanding the existence of separate or dif-
ferent programs or activities provided in accord-
ance with this section, an individual who has 
not received a COVID–19 vaccine shall not be 
denied the opportunity to participate in such 
programs or activities that are not separate or 
different. 
(D) ADMINISTRATIVE METHODS.—An indi-
vidual or entity shall not, directly or through 
contractual or other arrangements, utilize 
standards or criteria or methods of administra-
tion— 
(i) that have the effect of discrimi-
nating on the basis of vaccination status; 
or 
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(ii) that perpetuate the discrimination 
of others who are subject to common ad-
ministrative control. 
(E) ASSOCIATION.—It shall be discrimina-
tory to exclude or otherwise deny equal goods, 
services, facilities, privileges, advantages, ac-
commodations, or other opportunities to an in-
dividual or entity because of the vaccination 
status of an individual with whom the indi-
vidual or entity is known to have a relationship 
or association. 
(2) SPECIFIC PROHIBITIONS.— 
(A) DISCRIMINATION.—For purposes of 
subsection (a), discrimination includes— 
(i) the imposition or application of eli-
gibility criteria that screen out or tend to 
screen out an individual who has not had 
a COVID–19 vaccine or any class of such 
individuals from fully and equally enjoying 
any goods, services, facilities, privileges, 
advantages, or accommodations, unless 
such criteria can be shown to be necessary 
for the provision of the goods, services, fa-
cilities, privileges, advantages, or accom-
modations being offered; and 
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