Texas Ban on Private Sector COVID-19 Vaccine Mandates Has Taken Effect
Industry UpdateFebruary 12, 2024State Legislative UpdatePrint this Article
Effective on February 6, 2024, Senate Bill 7 prohibits private employers in Texas from requiring COVID-19 vaccinations as a condition of employment.
The law applies to all private employers, contractors, and job applicants in the state. Under the law, employers cannot:
Mandate COVID-19 vaccination for employment.
Discriminate against employees or applicants based on vaccination status.
Retaliate against employees who file complaints.
However, it is important to highlight that healthcare facilities are granted an exception, allowing them to implement “reasonable policies” based on the risk employees may pose to patients.
The Texas Workforce Commission will investigate complaints and impose fines of up to $50,000 per violation.
Next Steps
To adhere to the new legislation, employers should take the following steps:
Review and update workplace safety and health policies by carefully assessing their current policies to ensure that they do not require COVID-19 vaccination as a condition of employment;
Updating employee handbooks and communications to inform employees about the new law and provide them with a clear understanding of their rights under it;
Prepare for potential complaints and implement a well-defined process for handling employee complaints related to vaccination status, ensuring a fair and transparent resolution; and
Seek legal advice if there are any concerns or questions regarding compliance with the law.
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