Texas bans COVID-19 vaccines

The Texas Legislature is in special session and decided to enact a law, which Governor Greg Abbott is promising to sign, that bans the use of COVID-19 vaccine requirements by private employers.

Details

First, the law doesn’t take effect until February 7, 2024, so take a breath. Senate Bill 7 prohibits private employers from taking adverse action against contractors or workers who decline to be vaccinated. Do so, and you’ll be fined $50,000, although it’s unclear whether that is per employee or overall.

But, you can still require workers to wear masks or other protective gear. In these circumstances, there’s no $50,000 fine. The Texas Workforce Commission (TWC) will take complaints from employees who assert the law is being violated. The attorney general’s office will file suit for violations. There’s no private claim, so individuals can’t sue their employers under the law.

Thoughts

It will still be up to you as the employer to keep your workers and customers safe. Talk to your lawyer about alternatives. By way of example, you can still offer health fairs during which workers can get vaccinated as long as those who decline aren’t punished or feel they are under pressure to become vaccinated. I’ll keep you posted on developments.