Effective February 6, 2024, all private employers in Texas will be prohibited from imposing or enforcing COVID-19 vaccine mandates as a condition of employment. While the practical impact of this new law may be limited, employers should still take note.
Newly-enacted SB 7 prohibits employers from adopting or enforcing a mandate requiring an employee, contractor, applicant for employment, or applicant for a contract position to be vaccinated against COVID-19 as a condition of employment or a contract position. The new law also prohibits employers from taking adverse actions against employees, contractors, and applicants based on their refusal to be vaccinated against COVID-19. An “adverse action” is defined as “an action taken by an employer that a reasonable person would consider was for the purpose of punishing, alienating, or otherwise adversely affecting an employee, contractor, applicant for employment, or applicant for a contract position.”
Workers may file complaints with the Texas Workforce Commission if they believe they have suffered an adverse action based on their vaccination status. Employers who violate the law face fines of up to $50,000 for each infraction.
Background
Prior to the enactment of SB 7, Texas largely prohibited vaccine mandates through executive orders issued by the Governor. On October 11, 2021, Governor Abbott issued Executive Order GA-40, prohibiting all entities from compelling individuals to receive the COVID-19 vaccine if they object to vaccination for any reason of personal conscience, including a religious belief or medical reason, such as prior recovery from COVID-19. Prior to that, on August 25, 2021, Governor Abbott issued Executive Order GA-39, prohibiting government entities from compelling individuals to receive the COVID-19 vaccine, state agencies and political subdivisions from adopting any order requiring an individual to provide proof of vaccination status to enter any place or receive any service; and public and private entities that receive public funds from requiring consumers to provide proof of vaccination status to enter any place or receive any service. Even earlier executive orders banned vaccine passports and proof of vaccination to enter, access and receive services from businesses.
The Final Word
SB 7 looks to put the final nail in the coffin for vaccine mandates in Texas, at least starting next February.
Notably, SB 7 does not carve out exceptions for healthcare settings, but does allow a health care facility, health care provider, or physician to establish and enforce a reasonable policy that includes requiring the use of protective medical equipment by an individual who is an employee or contractor of the facility, provider, or physician and who is not vaccinated against COVID-19 based on the level of risk the individual presents to patients from the individual ’s routine and direct exposure to patients.
To revisit return to workplace plans, please contact your Baker McKenzie attorney.