AUSTIN – Legislation aimed at blocking employers from mandating vaccines has blurred the political lines, as many groups that usually support Republican initiatives are standing against the bill.
Earlier this month, Gov. Greg Abbott issued an executive order stating that no entity in Texas can compel receipt of a COVID-19 vaccination by any individual, including an employee or 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.
For the special session, a prohibition on the mandatory jab has been a top priority for Abbott, but Senate Bill 51, which relates to prohibited COVID-19 vaccine mandates and vaccination status discrimination, has failed to get the votes needed.
According to Abbott: "The COVID-19 vaccine is safe, effective, and our best defense against the virus, but should remain voluntary and never forced."
However, not everyone thinks the state should be telling companies how to conduct their business.
Just days ago, the Texas Civil Justice League submitted written testimony to the Senate State Affairs Committee opposing SB 51.
Like HB 155, SB 51 mandates that an employer allow an employee to claim an exemption from a vaccine mandate “based on a medical condition or reasons of conscience, including a religious belief.”
As there are no standards for what constitutes a “reason of conscience,” the bill effectively allows an employee to opt-out for any reason, TCJL says.
TCJL argues SB 51 imposes liability on employers under Chapter 21, Labor Code, for discriminatory treatment of an employee or prospective employee because he or she claimed an exemption.
Under Chapter 21, an employee or prospective employee may bring an administrative action at the Texas Workforce Commission. If the employee obtains a “right to sue” letter from the agency, he or she may then file a civil lawsuit against the employer. The employee may recover up to $300,000 in compensatory and punitive damages, plus back pay, attorney’s fees, interest, and court costs.
Many Texas chambers of commerce also oppose the bill, as do many business and healthcare associations, such as the Texas Hospital Association, which released the following statement on Oct. 12:
“The time is now to set politics aside and let hospitals do what’s best to protect their patients. Texas hospitals strongly oppose efforts underway to hamstring them from being able to require vaccination of their own staff, many of whom are at the bedside every day with children and adults who are vulnerable to COVID-19. This political action undercuts the central mission of hospitals, and patients and staff cannot be put at unnecessary risk. Hospitals have soldiered on for months at ground zero of this pandemic. As experts in healing and saving lives, hospitals must have the trust, respect and flexibility to mandate vaccines in their own facilities to protect the people of Texas.”