Oklahoma SB 1732: Labor; microchip implantation; prohibiting employer conduct; rules. Emergency.

Bill Text

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STATE OF OKLAHOMA

2nd Session of the 58th Legislature (2022)

SENATE BILL 1732 By: Dahm

AS INTRODUCED

An Act relating to labor; defining terms; forbidding
employers from implanting microchips without employee
consent; requiring employer to provide accommodations
for employees who refused implantation; allowing for
microchip implantation with employee consent;
requiring removal of implant by employee request;
providing for employee protection from medical
expenses incurred by implantations; requiring
employer to release information of microchip upon
removal; directing Commissioner of Labor to
promulgate rules; providing for codification; and
declaring an emergency.

BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 191.1 of Title 40, unless there
is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Coerce" means:
a. the use of physical violence, a threat, intimidation,
or retaliation with the purpose of causing a
reasonable individual of ordinary susceptibilities to
acquiesce when the individual otherwise would not,

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b. the conditioning of a private or public benefit
including, without limitation, employment, promotion,
or another employment benefit with the purpose of
causing a reasonable individual of ordinary
susceptibilities to acquiesce when the individual
otherwise would not, or
c. the use of any other means with the purpose of causing
a reasonable individual of ordinary susceptibilities
to acquiesce when the individual otherwise would not;
2. "Employee" means a person who:
a. is employed by an employer, or
b. contracts to perform certain work away from an
employer's premises, uses his or her own methods to
accomplish the work, and is subject to the control of
the employer only as to the results of performed work;
3. "Employer" means:
a. an individual, partnership, association, corporation,
commercial entity, this state, or a political
subdivision of this state, or
b. a person or a group that acts directly or indirectly
in the interest of or in relation to an individual,
partnership, association, corporation, commercial
entity, this state, or a political subdivision of the
state;

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4. "Microchip" means technology that:
a. is designed to be implanted in the body of an
individual, and
b. contains a unique identification number or personal
information that can be noninvasively retrieved or
transmitted with an external scanning device; and
5. "Political subdivision" means a county, city, town, school
district, or other governmental or public entity located within this
state.
B. An employer shall not:
1. Ask on an application for employment or inquire during an
interview if a prospective employee will consent to having a
microchip in his or her body;
2. Require an employee to have a microchip implanted in the
employee's body as a condition of employment;
3. Coerce an employee into consenting to have a microchip
implanted in his or her body;
4. Create a hostile work environment for an employee who does
not consent to having a microchip implanted in his or her body;
5. Withhold advancement within the company from an employee who
does not consent to having a microchip implanted in his or her body;
6. Withhold a salary or wage increase from an employee who does
not consent to having a microchip implanted in his or her body; or

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7. Dismiss an employee based on the decision of the employee
not to consent to having a microchip implanted in his or her body.
C. An employer shall provide reasonable accommodations for an
employee who does not consent to having a microchip implanted in his
or her body.
D. 1. A microchip may be implanted in an employee's body at
the request of an employer if the employee provides the employer
with written consent.
2. An employee may request the removal of the microchip at any
time.
3. If an employee requests the removal of the microchip, the
microchip implant shall be removed within thirty (30) days of the
employee's request.
E. If an employee receives a microchip implant at the request
of an employer, the employer shall:
1. Pay all the costs associated with implanting and removing
the microchip;
2. Pay all the medical costs incurred by the employee as a
result of any bodily injury to the employee caused by the
implantation of the microchip or the presence of the microchi