SB 3105

Abstract

Creates the Prohibiting Coercive Subcutaneous Implants Act. Prohibits a person or entity from requiring, coercing, or compelling any other individual to undergo the subcutaneous implant of an identification device. Prohibits an employer from inquiring during an interview if a prospective employee will consent to having a subcutaneous identification device implanted in his or her body. Requires an employer to provide reasonable accommodations for an employee who does not consent to having a device implanted in his or her body. Requires an employer to remove the device from the employee's body within 30 days of separation from employment if the employee so requests. Prohibits an employer from discriminating or taking any retaliatory action against any employee because the employee, in good faith, does or threatens to do any of the following with respect to his or her rights under this Act: (i) file a claim or complaint; (ii) initiate any inquiry, investigation, proceeding, or other action; or (iii) testify or provide information to any person in connection to their rights afforded by this Act. Makes conditions for the employer to follow for voluntary implantation. Creates a private cause of action for any person who is subject to a violation of this Act with liquidated damages of $10,000 or actual damages, whichever is greater; reasonable attorney's fees and costs, punitive damages, and other relief as a State or federal court deems appropriate. Effective January 1, 2025.