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HB 4449

Labor: fair employment practices; employment decisions based on the health or illness of an employee's family member; prohibit. Creates new act.

2025-2026 Regular Session Introduced by Joey Andrews and 34 co-sponsors

Prohibits employers from discriminating or asking about an employee’s family member health, with limited, necessary exceptions for leave verification and coverage claims.

bill electronically reproduced 05/06/2025
#health:other #labor:discrimination #labor:fairemploymentpractices
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Bill Summary · HB 4449

Summary — HB 4449: "Employee Family Health Privacy Act"

Title / Citation

House Bill 4449 — cited as the "employee family health privacy act."

Purpose / Intent

To prohibit employers from making employment decisions or asking questions based on the health or illness of an employee’s family member, protecting employee privacy regarding family health information and creating civil remedies for violations.

Key provisions

  • Prohibitions
    • Employers may not discharge, refuse to hire or recruit, or otherwise discriminate against an individual with respect to employment, compensation, or any term, condition, or privilege of employment because of a known or believed illness or health condition of a member of the individual’s family.
    • Employers may not inquire into the physical condition or health status of an employee’s family member.
  • Limited exceptions (permitted inquiries)
    • An employer may ask for information necessary to verify eligibility for sick leave.
    • An employer may ask for information necessary to verify eligibility for family and medical leave.
    • An employer may ask for information necessary to process an employee’s health coverage claim.
  • Anti‑retaliation
    • Prohibits retaliation or discrimination against anyone for participating in investigations or proceedings under the act or for opposing violations.
  • Waiver
    • Any agreement requiring an individual to waive rights under the act is void and unenforceable.
  • Remedies and fees
    • A person injured by a violation may bring a civil action for injunctive relief and damages.
    • Courts must award costs and reasonable attorney fees to prevailing plaintiffs.
  • Collective bargaining
    • The act applies to collective bargaining agreements or employment agreements entered into, renewed, or extended on or after the act’s effective date.

Definitions / Scope

  • "Employee" — any individual receiving compensation for services under an express or implied contract of hire.
  • "Employer" — any individual or entity that permits one or more people to work, accepts applications, or an agent of an employer.
  • The bill text excerpt does not explicitly define "member of the individual's family" (no familial scope or specific categories provided), which may affect interpretation and enforcement.

Who is affected

  • Employers and HR departments in the state must avoid adverse employment actions or investigatory questions tied to an employee’s family member’s health, except as explicitly allowed.
  • Employees gain privacy protections and a private right of action for violations.
  • Collective bargaining parties must ensure agreements entered or renewed after the effective date comply.

Timeline / Legislative status

  • Introduced: March 11, 2025.
  • Passed both chambers: May 2025 (House and Senate actions documented May 15–27).
  • Sent to Governor: May 30, 2025.
  • Signed by Governor: June 20, 2025.
  • Effective date: September 1, 2025.

Practical considerations

  • Employers should update application forms, interview scripts, HR policies, and training to avoid prohibited inquiries and discriminatory actions.
  • Employers may still request medical documentation where necessary to verify sick leave, FMLA-type leave, or health-coverage claims; such requests should be narrowly tailored to the permitted purposes.
  • The undefined term "family" may lead to legal interpretation issues; employers and counsel should monitor guidance and case law after enactment.

Compiled from official sources — confirm details with the bill’s official record.

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