Specifically, under the law, a covered employer will not be permitted to:
- Adopt or enforce a mandate requiring an employee, contractor, or applicant for employment or a contract position to be vaccinated against COVID-19 as a condition of employment or a contract position; or
- Take an adverse action against an employee, contractor, applicant for employment or a contract position for a 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.”
Limited Exception to Note
The law contains a limited exception for healthcare facilities and providers, which “may 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.”
Enforcement & Penalties
The new law will be enforced by the Texas Workforce Commission (“TWC”). Workers or applicants may file complaints with the TWC if they believe they suffered an adverse action under the law.
Employers who violate the law may be fined an administrative penalty of $50,000 for each violation, unless the employer: (i) hires the applicant for employment or contract position; or (ii) reinstates the employee or contractor and provides them with back pay and reestablishment of employee benefits from the date the adverse action took place. The TWC may also recover from the employer “reasonable investigative costs” incurred by the TWC in conducting the investigation, regardless of whether the employer took the mitigating actions noted above.
The law will apply only to actions taken by an employer that occur on or after February 6, 2024.