New Texas law prohibits COVID-19 vaccine mandates by private employers

Texas Governor Greg Abbott’s latest push against vaccine mandates takes form in a new law now in force in the Lone Star State. Senate Bill 7 (SB 7) prohibits private employers from adopting or enforcing certain COVID-19 vaccine mandates. SB 7 directly conflicts with federal guidance on the issue, which generally supports an employer’s right to implement such mandates.

SB 7 now in effect in Texas

The new law, which went into effect on February 6, amends the Texas Health and Safety Code to prohibit private employers from enforcing COVID-19 vaccine mandates and authorizes an administrative penalty for violations of the law. 

Under this new legislation, employers can’t take an “adverse action” against unvaccinated employees, contractors, or applicants. “Adverse action” is defined by the law 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.”