Bills call for rehiring state workers who defied vaccine mandate

Two bills introduced by Republican legislators would require state agencies to rehire and give back pay to employees who resigned or were terminated for refusing to be vaccinated or undergo weekly testing for COVID-19.

The measures have little chance of passing.

An August 2021 mandate for both state and county workers required them to show proof that they are vaccinated under emergency rules implemented by the administration of Gov. David Ige in response to a sharp rise in coronavirus cases. They could apply for exemptions for medical or religious reasons, but weekly testing was required for state workers who refused vaccination.

House Bill 52 and its companion bill Senate Bill 111 would only apply to state workers, requiring state agencies to rehire employees who refused to follow the mandate and to give them back pay.

Rep. Diamond Garcia (R, Ewa-Kapolei) introduced the House measure, saying state employees were “illegally and unconstitutionally” terminated or forced to resign.

“During the campaign, I made it very clear that those who were fired for a personal medical decision — I mean that was just completely wrong, they were let down by their own state government,” Garcia said. “We’re just following through on campaign promises to rectify those wrongful terminations, those illegal terminations and unconstitutional terminations.

“Never again should any type of forced medical procedure or device be forced upon people in America, let alone here in Hawaii,” Garcia said.

It’s unclear how many state employees were fired or quit over the mandate. State agencies that the Honolulu Star-Advertiser contacted in an effort to get the data either did not respond or could not assist.

Three of Hawaii’s largest labor unions — the Hawaii Government Employee Association, Hawaii’s largest public workers’ union, the United Public Workers union and the Hawaii State Teachers Association — all declined to comment.

Garcia claims vaccinations did not work and “were forced upon people to take — and many of them took it against their conscience in fear of their job and for providing for their family.”

HB52 has been referred to the House committees on Finance and Labor and Government Operations.

But Rep. Scot Matayoshi, (D, Kaneohe-Maunawili-­Kailua), who chairs the House Labor and Government Operations Committee, said he does not support Garcia’s bill and it is unlikely to get a hearing.

“I believe that the vaccinations are safe and effective,” Matayoshi said. “I think that people who resigned or were dismissed from employment for not complying with vaccination or testing requirements made a choice that is not in any protected class and they got the consequences of that action.

“This bill is a solution looking for a problem here,” Matayoshi said. “I am not sure that this is anywhere near as widespread as this bill is making it sound like, which is why I do not think this bill will be heard.”

During the pandemic, Matayoshi said, his children were too young to be vaccinated, which made him concerned about their exposure.

State employees who chose not to get vaccinated against COVID-19 were given the alternative to undergo weekly testing, which Matayoshi called “a fairly reasonable requirement.”

“When we’re talking about a highly contagious, very dangerous illness — especially one that can be very deadly to more vulnerable populations like children or the elderly — that’s, I think, a fairly reasonable requirement,” Matayoshi said.

There are no estimates of how much the state would have to compensate in back pay, but Matayoshi said, “It would cost the state a lot of money.”

“But, again, I do not think this bill is going to get a hearing, let alone pass through the House, Senate and have the governor sign it,” Matayoshi said.

Over in the Senate, Sen. Brenton Awa (R, Kaneohe-­Laie-Mokuleia) introduced the identically worded SB 111 arguing that state employees’ freedom of choice was taken away.

Before HB 52 and SB 111 Awa said, the minority view had little support from legislators and the public in general.

“The part that — you know — gives me passion to push for this is the part that a lot of people thought they were alone,” Awa said. “In the media you only had one real voice — you know — ‘everybody’s getting it, you should too, kinda deal, do your part.’ So I mean — this is for those people. So they know they’re not alone. We stand for them.”

SB 111 has been referred to the Senate committees on Labor and Technology, Judiciary and Ways and Means.

But Awa acknowledges his bill also has little chance of passing.

“When you just look at numbers there’s two Republicans — one in the House and one in the Senate — who introduced this,” Awa said. “And we’ll never get the votes under the current situation to make this happen.”