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In a recently published article by the Texas Workforce Commission (TWC), TWC Senior Legal Counsel to Commissioner Joe Esparza highlighted a new law prohibiting employers from requiring COVID-19 vaccinations.
The Texas Workforce Commission reports that effective February 6, 2024, Texas employers in the private sector are prohibited from mandating their employees, job applicants, contractors, or applicants for contract positions to be vaccinated against COVID-19. Additionally, employers are barred from subjecting individuals to adverse treatment due to their unvaccinated status.
Complaints regarding violations of the new law will be reportable to the Texas Workforce Commission, which will investigate and take appropriate action. Violations will result in a $50,000 penalty, but this penalty may be avoidable if the employer takes appropriate remedial action to reverse the effects of the adverse action.
TWC is currently developing rules to interpret and enforce the new law.
All employers are strongly advised to take the following actions as soon as possible:
1. Immediately eliminate requirements for anyone working for the employer or at employer facilities to be vaccinated against COVID-19. Since the new law became effective on February 6, 2024, TWC is already positioned to accept complaints.
2. Consult with legal experts of their choice concerning the company’s potential exposure to liability and steps that the company can take to minimize such liability.
3. Review any COVID-19-vaccine-related personnel actions to identify adverse actions resulting from a vaccination policy and determine to what extent the company can undo these adverse actions.
4. Periodically check the pending regulations website at TWC (https://www.twc.texas.gov/agency/laws-rules-policy/rules-adoptions-proposals) and watch for announcements about proposed rules being published and public comments being accepted. Public comments may significantly influence how TWC enforces the new law, so it is essential for interested parties to contribute their thoughts on the matter.
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