NO FORCED MICROCHIP IMPLANTS FOR EMPLOYEES.

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View NCGA Bill Details2023-2024 Session
Senate Bill 605 (Public) Filed Wednesday, April 5, 2023
AN ACT TO PROTECT EMPLOYEES FROM FORCED HUMAN MICROCHIP IMPLANTATION.
Intro. by Alexander, Moffitt, Ford.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (Apr 6 2023)

Bill History:

S 605

Bill Summaries:

  • Summary date: Apr 5 2023 - View Summary

    Enacts GS 95-28.1B, pertaining to microchip implantation of employees. Defines coerce, employee, employer, and microchip.  Prevents an employer from doing any of the following:

    (1) Asking on an application or inquiring during an interview if the prospective employee will consent to having a microchip implanted in their body

    (2) Requiring an employee to have a microchip implanted in the employee's body as a condition of employment.

    (3) Coercing an employee into consenting to have a microchip implanted in their body.

    (4) Creating a hostile work environment for an employee who does not consent to having a microchip implanted in their body.

    (5) Withholding advancement within the company from an employee who does not consent to having a microchip implanted in their body.

    (6) Withholding a salary or wage increase from an employee who does not consent to having a microchip implanted in their body.

    (7) Dismissing an employee based on the decision of the employee not to consent to having a microchip implanted in their body.

    Requires the employer to provide reasonable accommodations for an employee who does not consent to having a microchip implanted in their body.  

    Permits a microchip to be implanted in an employee's body at the request of an employer if the employee provides the employer with written consent. Specifies that an employee may request the removal of the microchip at any time. Provides that if an employee requests the removal of the microchip, the microchip implant must be removed within 30 days of the employee's request. Requires employers to pay all costs associated with implanting and removing the microchip, and any medical costs incurred by the employee as a result of any bodily injury to the employee caused by the implantation/presence of the microchip. Also requires the employer to disclose to the employee the data that will be maintained on the microchip and how the data that is maintained on the microchip will be used by the employer. Requires removal of the microchip within 30 days after an employee is terminated from employment unless an employee elects to retain the implanted microchip.  Specifies that if the employee retains the implanted microchip, the employee assumes responsibility for all costs associated with the microchip, including medical costs. Clarifies that the act does not prevent an employer from using alternative noninvasive technology to track the movement of an employee.  Amends the antiretaliation provision of GS 95-241 to include reference to GS 95-28.1B.

    Applies to employers, employees, and prospective employees after the act becomes law.