Sec. 221. Nondiscrimination by a public entity
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/bill/117/s/1932/is/section-221A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Subject to the provisions of this subtitle, no qualified individual who has not received a COVID–19 vaccine shall, by reason of such vaccination status, including the qualified individual’s unwillingness or inability to present a vaccine passport or other proof of having a COVID–19 vaccine, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity. It shall be unlawful for any State or political subdivision, as such term is used in the Voting Rights Act of 1965 ( 52 U.S.C. 10301 et seq.), to require or impose a requirement that a voter or voters must present a vaccine passport or otherwise present information regarding their vaccination status in order to exercise the right to vote, including to vote in person, in any election involving any candidate for Federal office.
Notwithstanding subsection (a), a public entity shall not be considered in violation of subsection
(a)if that public entity requires a qualified individual who has not received a COVID–19 vaccine to engage in physical distancing, wear a mask, or wear personal protective equipment. The remedies, procedures, and rights set forth in section 505 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794a ) shall be the remedies, procedures, and rights this title provides to any person alleging discrimination on the basis of status as a qualified individual who has not received a COVID–19 vaccine in violation of this section. The term qualified individual who has not received a COVID–19 vaccine means an individual who— has voluntarily elected not to receive a COVID–19 vaccine; and with or without reasonable modifications to rules, policies, or practices, including physical distancing, mask wearing, wearing personal protective equipment, or undergoing a COVID-related symptom check meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by a public entity. The term public entity has the meaning given that term in section 201 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12131 ).
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