Texas has enacted legislation (Senate Bill 7) that bans certain COVID-19 vaccine mandates. Senate Bill 7 takes effect on Feb. 6, 2024.
The details
The law prohibits a private employer from adopting or enforcing a mandate that requires an employee, contractor or applicant to be vaccinated against COVID-19 as a condition of employment or a contract position.
Note: The law applies to employer actions that occur on or after Feb. 6, 2024.
Exceptions
Under Senate Bill 7, healthcare facilities and providers may establish and enforce a policy to help prevent the spread of COVID-19. The policy may include requiring an individual who is an employee or contractor of the facility, or a provider or physician, that is not vaccinated against COVID-19 to use protective medical equipment (based on the level of risk the individual presents to patients from their routine and direct exposure to patients).
Nonretaliation
The law prohibits an employer from taking an adverse action that would punish, alienate, or otherwise adversely affect an employee, contractor, or applicant for refusing to be vaccinated against COVID-19.
Enforcement
Employers that are found to have violated the law may be fined $50,000 per violation, unless the employer:
- Hires the applicant for employment or the contract position; or
- Reinstates the employee or contractor and provides them with back pay from the date of the adverse action and makes every reasonable effort to reverse the effects of the adverse action. This includes reestablishing employee benefits that the employee or contractor would have been eligible for, if the adverse action had not been taken.
Next steps
Texas employers should consult legal counsel to discuss the impact of Senate Bill 7 on their vaccination policies and practices.