Kristi Noem Proposes Bill to Allow Employees in SD to Sue if Denied Exemption From COVID Vaccination

(AP Photo/J. Scott Applewhite, File)

As Joe Biden’s draconian edicts related to the no-longer-pandemic continue to burst into flames in the dumpster fire of his overall COVID policy, South Dakota Gov. Kristi Noem has proposed legislation to allow employees to sue employers who deny them exemption from COVID-19 vaccine mandates.


As reported by Just the News, Noem’s bill, unveiled on Thursday, would require employers to grant exemptions for medical or religious reasons. Noem’s bill would also — and this is big — require employers to recognize natural immunity as an exemption. (Joe Biden, Anthony Fauci, and CNN hardest hit.)

Under the legislation, employees would be required to provide proof of a positive serum antibody test from a qualified laboratory within 180 days of requesting the exemption. The employer could require another test to renew the exemption, according to the bill. Noem said in a statement:

The COVID vaccination should be a choice, and we should reject the efforts that we are seeing in other parts of the country to divide us into two classes: vaccinated and unvaccinated. Unvaccinated Americans are still Americans.

Employees who are “injured by a violation of this Act may apply for injunctive and declaratory relief, without bond,” noted Just the News, “to restrain their employer from violating this Act,” according to the bill.

Ironically, South Dakota vaccine mandate protesters in November 2021 filed a lawsuit against Noem after the state denied their application to demonstrate on Capitol grounds during a special legislative session.

The group of protesters, who call themselves Blue State Refugees, said they planned to hold a demonstration to push the legislature to take up a bill that would keep businesses from requiring vaccines as a condition of employment. The Institute for Free Speech, a conservative interest group that is representing the plaintiffs in their lawsuit, called that decision a “deprivation of speech and petition rights.”


In addition, noted Just the News, Noem signed an executive order in October 2021 exempting state employees from Biden’s (unconstitutional) vaccination mandate for employers with more than 100 employees.

The destruction of Biden’s heavy-handed COVID-19 policies continues.

The U.S. Supreme Court in early January rejected the Occupational Safety and Health Administration (OSHA) rule that would have required workers at private companies with more than 100 employees to get the COVID vaccine.

Joe Biden was not available for comment.

Related on RedState:

Kristi Noem Takes Another Shot Across the Bow Over CDC’s Mask Backtrack

After SCOTUS’ Hit, Companies are Ditching Their Vaccine Mandates Like a Bad Habit

‘The View’ Geniuses Go Full Metal Stupid When Guest Co-Host Takes Stand Against Vaccine Mandates

New Polling May Be the Death Knell for Biden’s Mandates


Join the conversation as a VIP Member

Trending on RedState Videos