COLUMBUS — Ohio businesses on Tuesday condemned a House bill that would prohibit them from mandating that their workers get vaccinated as a condition of employment or even to ask about a worker's status.
Ross McGregor, a Republican former state representative and owner of Springfield-based Pentaflex, opposed House Bill 248 on behalf of the Ohio Manufacturers Association. He argued that Ohio's lagging coronavirus vaccination rate is slowing the state's economic recovery.
In reaction, the bill's sponsor, Rep. Jennifer Gross (R., West Chester) asked, “Do you believe, sir, that your freedom to determine (a vaccination mandate) in your company is greater than the freedom for the citizens who are working inside your factory?
“This isn't a helmet,” she said. “This isn't steel-toed shoes. This isn't (personal protection equipment). This is a medical treatment, which would then make you a physician making a determination.”
Mr. McGregor presented it as a matter of choice.
“I am employer,” he said. “I offer employment. I do not mandate employment...It's up to an individual to decide whether to accept my offer of employment. If as a condition of employment, I require them to be vaccinated, they can make the choice whether they wish to work for me or not.”
Rep. Beth Liston, a physician from Dublin and an opponent of the bill, noted, “This bill prohibits you from even asking.”
The bill has drawn criticism from the medical community and made Ohio a laughing stock among late-night comics after a doctor and nurse from the Cleveland suburbs testified in committee that the vaccine can magnetize patients, allowing metal objects like keys to stick to the body
The suggestion that the coronavirus vaccine contains metals, leading to magnetization, has been debunked, but the myth has gained traction on social media, fueling the backlash against this and other vaccines.
The would-be “Vaccine Choice and Anti-Discrimination Act” would ban government, businesses, schools, and other entities from requiring proof of vaccination for employment, denying service based on vaccination, or otherwise treating the unvaccinated differently, such as requiring face masks.
It would treat an individual's vaccination status as confidential medical information, prohibit the creation of vaccination tracking systems or “passports,” and empower individuals to sue over alleged violations.
The bill would also require schools and child-care centers to inform parents in writing of existing exemptions in state law for opting out of vaccinations—medical and religious concerns. The bill would add “reasons of conscience” to that.
“Children may have mandated vaccination (in) K-12,” Ms. Gross said. “It does not change that law...A school shall honor the exemptions under this division, which is not happening...That is informed consent.”
She said the media and opponents have mischaracterized the bill’s effects.
While Ohio does not mandate vaccinations, it has offered incentives, including five weekly, federally funded drawings of $1 million and college scholarships. Such incentives for the vaccinated only would be prohibited under the bill.
Despite this, only about 47 percent of all Ohioans have gotten at least one shot of the vaccine.
“Not every employer — in fact, a very small minority of employers — have or likely ever would require employees to receive a vaccine, a vaccine of any sort, as a condition of employment,” said Keith Lake, of the Ohio Chamber of Commerce.
“However, I can assure you that when they do, it is not done arbitrarily,” he said. “It is not a decision an employer enters entered into lightly, as there are a variety of legal factors employers must consider in the context of making workplace vaccinations mandatory “
Gov. Mike DeWine opposes the measure. It was not brought to a vote Tuesday.
Rep. Scott Lipps (R., Franklin), House Health Committee chairman, said more changes are coming with time drawing short before lawmakers are expected to recess for the summer.
“This has been a challenging bill, and it's put us all in a stressful situation,” he said.
First Published June 22, 2021, 6:02 p.m.
