Full Legislative Proposal:
Short Title
The Autoimmune Protection Act
Summary Statement
The Autoimmune Protection Act is a measure aimed at safeguarding the rights of employees with autoimmune disorders. It creates penalties for companies that force such workers to work inside the office, with exceptions provided for in-person industries like restaurants and retail. In addition, this measure adds certain protections for in-person workers such as the right to wear a mask and increased sanitation standards. This comprehensive measure aims to protect the health, safety, and well-being of individuals with autoimmune diseases, ensuring equal treatment and appropriate accommodations in the workplace.
Legislative Text
Sec 2. Purpose: The purpose of this ballot initiative is to safeguard the rights and well-being of employees with autoimmune disorders by establishing legal protections, exceptions, and a task force responsible for investigating and prosecuting companies that mistreat, abuse, or endanger such employees.
Section 3. Autoimmune Safety Notice: Anyone who provides a note from their doctor or autoimmune-specialized nurse practitioner, which will be referred to as an Autoimmune Safety Notice, stating that due to the condition of their immune system, it is unsafe for them to work in an office and/or to travel to and from work will be exempt from working in the office. These notices will be provided to the employee as soon as their physician determines that their immune system is substantially weakened. After providing the ASN to their supervisor, they will be offered work that can be done remotely. In addition, they will be offered the in-person protections outlined in Section 8. Depending on the nature of their immunocompromised status, the covered employee’s doctor or a nurse practitioner specializing in autoimmune disorders may provide a temporary ASN for a certain number of months or an indefinite ASN if deemed necessary.
(a) ASN documents should have additional background information informing employers of the notice’s purpose. The ASN may include additional reasonable accommodations recommended by the medical professional for employment-related activity changes.
(b) Once a manager or supervisor receives an ASN they should immediately give this document to the company's Human Resources Department or the most relevant company Director.
(c) Any employer who edits an employee's role as a result of receiving an ASN will need to provide an updated job description that outlines any role modifications. The updated job description must outline any changes in worker responsibility and must be signed by both employees and employers within two weeks of the ASN being received.
(d) This provision is activated as soon as an employee provides their ASN to their manager or supervisor.
Sec 4. Work from Home Statute: It shall be unlawful for companies to force employees with disorders listed in Section 5 or having any of the symptoms/conditions listed in Section 6 to work exclusively in office settings if they have an ASN. In industries and positions where doing so is possible, employees must be given the option to work from home. If the position held by the employee at the time of notice to the employer cannot be performed remotely, the employer may transfer the employee to a new like position with like pay which can be performed remotely. This provision is activated as soon as an employee is diagnosed with a disorder/condition or has documented symptoms significantly impairing their ability to work as detailed in Sections 5 and 6.
(a) Violations of this provision by a small business, as defined in § 2–218.32. Small business enterprises, Code of the District of Columbia will be subject to a fine of no less than $10,000 but not to exceed $25,000 for a first offense, based on the severity of the hardship inflicted and length of the violation. Second offenses will be fined between $25,000-$50,000 and third and subsequent offenses $50,000-$75,000 based on the same criteria.
(b) Violations of this provision by a large business due to being above the standards set out in § 2–218.32. Small business enterprises, Code of the District of Columbia, will be subject to a fine of no less than $40,000 but not to exceed $65,000 for a first offense, based on the severity of the hardship inflicted and length of the violation. Second offenses will be fined between $65,000-$100,000 and third and subsequent offenses $100,000-$175,000 based on the same criteria.
Sec 5. Qualifying Diseases: Anyone with documentation proving they suffer from the following illnesses will be covered under this law, provided they either provide their employer with a diagnosis listed in Sub-Section A OR, if they do not wish for their employer to know their specific illness, a doctor’s signed statement as described in Sub-Section B stating they suffer from a disease, condition, or symptoms related to a disease or condition that inhibits their ability to work inside an office safely.
(a) Anyone suffering from the following conditions who informs an employer and provides proof of such shall be exempt from working in the office: Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS), Complex Regional Pain Syndrome/Reflex Sympathetic Dystrophy (CRPS/RSD), Type 1 Diabetes, Rheumatoid Arthritis, Celiac Disease, Lupus, Guillain-Barré Syndrome (GBS), Systemic Sclerosis, Multiple Sclerosis, Cancer, Idiopathic Pulmonary Fibrosis, Cystic Fibrosis, Chronic Obstructive Pulmonary Disease, Bronchiectasis, DiGeorge Syndrome, Severe Combined Immunodeficiency, Chronic Granulomatous Disease, Ataxia-Telangiectasia, Myasthenia Gravis, Hashimoto's Thyroiditis, Pemphigus Vulgaris.
Sec 6. Qualifying Symptoms: Anyone with a disease or condition not mentioned in Section 5 will still be offered the full protection of this law if they produce medical documentation or a doctor’s note as explained in Section 3 to their employer documenting any disease, or symptom/condition caused by an autoimmune disease, that does or causes anything listed below:
(a) A physical or mental disability, caused by an autoimmune condition, that substantially limits one or more major life activities
(I) Major life activities include but are not limited to caring for oneself, performing manual tasks, seeing, hearing, eating, sleeping, walking, standing, lifting, bending, speaking, breathing, learning, reading, concentrating, thinking, communicating, and working; as defined by the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101.
(b)A low T-Cell or B-Cell count, as defined and documented by a medical professional.
(c)Embarrassing symptoms that humiliate or could humiliate an employee such as but not limited to severe itching, skin abnormalities, the presence of sores, visible rashes, etc.
(d)Documented weakness of the immune system substantial enough to make ordinary travel to, work at, or travel from the workplace unsafe.
(e)Any documented case of being immunocompromised due to any condition, medication, or any other medical situation for a prolonged period of time.
Sec 7. Exceptions: Exceptions to the work-from-home allowance shall be granted for certain industries where such in-person work is essential or that require in-person interaction as part of their core operations.
(a) Acknowledging certain industries might rely more heavily on positions where in-person interaction is essential, such as, but not limited to:
Healthcare/Public Health,
Law Enforcement/Public Safety/Other First Responders
Transportation and Logistics
Food and Agriculture
Energy
Critical Manufacturing
Financial Services
Hazardous Materials.
(b) However, employees in these industries should still qualify for remote work accommodation if their respective primary role functions do not require in-person interaction. Companies offering positions falling within the exceptions outlined in this section must still provide all other legally required reasonable accommodations and safeguards for employees with autoimmune disorders to ensure their health, safety, and well-being.
Sec. 8. In-Person Protections: Essential workers as defined in Section 7 will be provided additional protections to their health and well-being.
(a) Small businesses, defined as in § 2–218.32. Small business enterprises, Code of the District of Columbia shall be required to provide for their employees:
(i)The guaranteed right to wear a mask or take other necessary safety precautions as long as it does not prevent them from achieving the core responsibilities of their job. Employers may not restrict employees from wearing a mask etc. due to appearances, they must prove a vital function of the job is hindered by their employee taking that particular safety precaution. These may include certain breathing equipment, gloves, UV protection gear, or any other equipment deemed medically necessary to protect the health and safety of the employee with an autoimmune disease.
(b) Workers at businesses that do not qualify as a small business will be granted the following additional protections: The guaranteed right to wear a mask or take other necessary safety precautions as long as it does not prevent them from achieving the core responsibilities of their job; the right to a workplace held to increased sanitation standards as deemed necessary for people with autoimmune diseases and immunocompromised individuals by the Department of Health; if possible, their own designated office/area held to a higher sanitation standard.
Sec 9. Enforcement: The Office of Human Rights, specifically a new division called the Autoimmune Protection Agency, shall oversee or coordinate the enforcement, investigation, and prosecution of companies suspected of violating this law. Autoimmune employees who have their rights violated will report it to the Office of Human Rights. After that, the OHR will conduct a simple investigation to determine (1) whether or not the employee sent their ASN to their employer and (2) whether or not the employer gave them the right to work from home. Whereas an ADA violation puts the cost of enforcement on the victim in all but a few circumstances, an APA violation can result in either civil or criminal charges, depending on the hardship, injury, or death inflicted on the autoimmune worker as a result of being denied their right to work from home.
(a) The Office of Human Rights can order a respondent to cease and desist from engaging in unlawful conduct; reinstate an employee; provide an accommodation; pay for lost wages; and pay for emotional distress damages, among other remedies.
(b)The Office of Human Rights may also assess civil penalties paid to the District of Columbia for violations that are the result of willful or malicious conduct.
Sec 10. HIPAA Reaffirmation: Nothing in this measure shall be interpreted to imply that an employee must violate their right to privacy as stated in the Fourth Amendment to the U.S. Constitution or their right to privacy specifically regarding their medical concerns, as stipulated in The Health Insurance Portability and Accountability Act of 1996. No employer may compel their employee to reveal their diagnosis and must accept the documentation provided by a doctor or medical professional stating that the employee in question cannot work in the office due to the poor functioning of their immune system.
Sec 11. Severability Clause: If any section of this act or its application to any persons or circumstances is held invalid, the remainder of this measure, or the application of its provisions to other persons or circumstances, shall not be affected. To this end, the provisions of this act are severable.