This page contains information on the following topics. Click the link to jump to each topic:
State vs. Federal Law for Employees
Notes on the differences in Texas and federal laws on COVID-19 vaccine requirements for employees.
COVID-19 Vaccine Requirements Prohibited in Texas
Information about GA-40, the governor's order prohibiting COVID-19 vaccine requirements in Texas.
Information about guidance issued to employers by the Equal Employment Opportunity Commission.
Federal Vaccine Requirements for Employees
Information about federal COVID-19 vaccine requirements for various types of workers, including healthcare workers, federal contractors, employers with more than 100 workers, and federal employees.
COVID-19 "Vaccine Passports" Prohibited
Information about Texas Health & Safety Code Section 161.0085 and GA-39, both of which prevent requirements for "vaccine passports".
Note We have received a lot of questions about two sets of recent executive orders. One is Governor Abbott's Executive Order GA-40. This order prohibits any entity in Texas from requiring COVID-19 vaccines. The other is President Biden's executive orders and proposed federal regulations. These require vaccines or regular COVID-19 testing for many federal workers, federal contractors, and private employees.
There are several lawsuits that may affect the status of these orders. As librarians, we are unable to comment on what conflicting state and federal orders and regulations mean for a given situation. You should consider talking to an attorney for help if you have questions about how the law affects your situation.
On October 11th, 2021, Governor Abbott issued Executive Order GA-40. This executive order prohibits any entity in Texas from requiring a person to get a COVID-19 vaccine if they have objections:
No entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.
A person who violates the order cannot be jailed for the violation. They may have to pay a fine of $1,000 — the maximum allowed under Texas Government Code Section 418.173.
GA-40 does not say how violations should be reported. It also does not say who is responsible for enforcing the order. However, the Texas Workforce Commission issued a letter to Texas employers that states that employees can report violations of GA-40 to TWC over the phone or via e-mail.
The Equal Employment Opportunity Commission (EEOC) enforces federal employment discrimination laws in the U.S. The EEOC issued guidance to employers that generally supports an employer's ability to require proof of COVID-19 vaccination for workers physically present in the workplace:
The federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be fully vaccinated against COVID-19, subject to the reasonable accommodation provisions of Title VII and the ADA and other EEO considerations discussed below.
An employer may need to offer reasonable accommodations for employees who aren't able to be vaccinated due to a disability or certain religious belief:
In some circumstances, Title VII and the ADA require an employer to provide reasonable accommodations for employees who, because of a disability or a sincerely held religious belief, practice, or observance, do not get vaccinated against COVID-19, unless providing an accommodation would pose an undue hardship on the operation of the employer’s business.
There are several federal COVID-19 vaccine requirements for different types of workers. Please note that the legal status of various vaccine requirements is being decided by the courts and is subject to change quickly.
Note The OSHA rule has been blocked by a ruling from the U.S. Supreme Court.
The Department of Labor’s Occupational Safety and Health Administration (OSHA) developed an Emergency Temporary Standard (ETS) with COVID-19 vaccine requirements for employers with at least 100 employees. The OSHA rule required workers to:
Employers were also required to offer paid time off for their employees to get vaccinated and sick leave to recover from any side effects.
Note At this time, the COVID-19 vaccine mandate for federal contractors has been halted by a ruling from the Sixth U.S. Circuit Court of Appeals.
President Biden also issued Executive Order 1404 on September 9, 2021. The order would have required all federal contractors and subcontractors to comply with COVID-19 workplace safety guidance from the Safer Federal Workforce Task Force.
The order would have required all covered contractor employees to be fully vaccinated against COVID-19 by January 4th, 2021 (this date was pushed back from the initial date of December 8th, 2021). The order would have permitted employees with disabilities, medical conditions, or religious beliefs that prevent vaccination to request accommodations.
Note There is recent federal litigation that may affect the status of this rule. Please check the CMS website for more information regarding the enforcement of this rule.
The Centers for Medicare & Medicaid Services (CMS) issued an Emergency Temporary Standard (ETS) that required certain healthcare workers to be vaccinated against COVID-19.
Under the CMS rule, employees of facilities that participate in Medicare and Medicaid will need to be vaccinated against COVID-19 by February 28th, 2022. Examples of these facilities include nursing homes, hospitals, dialysis facilities, ambulatory surgical settings, and home health agencies.
In September of 2021, President Biden issued an executive order requiring some federal employees to be vaccinated against COVID-19. The order only applies to employees of the federal executive branch. The order allows for some exceptions. According to guidance from the Safer Federal Workforce Task Force, workers must be fully vaccinated by November 22, 2021.
Several recent Texas laws discuss "vaccine passports" or showing proof of COVID-19 vaccination.
Section 161.0085 of the Texas Health & Safety Code prohibits state and local governments from issuing documentation of a person's COVID-19 vaccination status:
(b) A governmental entity in this state may not issue a vaccine passport, vaccine pass, or other standardized documentation to certify an individual's COVID-19 vaccination status to a third party for a purpose other than health care or otherwise publish or share any individual's COVID-19 immunization record or similar health information for a purpose other than health care.
Section 161.0085 also says that businesses can't require proof of vaccination from their customers. Businesses that receive state funds or who are licensed by the state are at risk of losing their contracts or licensure if they require proof of vaccination:
(c) A business in this state may not require a customer to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the business. A business that fails to comply with this subsection is not eligible to receive a grant or enter into a contract payable with state funds.
(d) Notwithstanding any other law, each appropriate state agency shall ensure that businesses in this state comply with Subsection (c) and may require compliance with that subsection as a condition for a license, permit, or other state authorization necessary for conducting business in this state.
However, this statute does not prevent Texas businesses from putting COVID-19 screening procedures in place:
(e) This section may not be construed to: (1) restrict a business from implementing COVID-19 screening and infection control protocols in accordance with state and federal law to protect public health;
Additionally, Governor Abbott's Executive Order GA-39 from August 25th, 2021, also prohibits public and private entities that receive public funding from requiring consumers to provide proof of COVID-19 vaccination status:
Any public or private entity that is receiving or will receive public funds through any means, including grants, contracts, loans, or other disbursements of taxpayer money, shall not require a consumer to provide, as a condition of receiving any service or entering any place, documentation regarding the consumer’s vaccination status for any COVID-19 vaccine. No consumer may be denied entry to a facility financed in whole or in part by public funds for failure to provide documentation regarding the consumer’s vaccination status for any COVID-19 vaccine.