Under Texas law, an employer may not require an employee, contractor, or applicant to be vaccinated against COVID-19. Employers may not take action that negatively affects the employee, contractor, or applicant. The law does not apply to governmental employers.

Employers determined by TWC to have violated the law may be required to pay a penalty of $50,000 to the state, unless the employer takes steps to mitigate the negative action that was taken. This could mean reinstating an employee who was fired, hiring an applicant who applied, or reinstating benefits the employee would’ve been eligible for if the negative action had not been taken. 

Employers which are Health Care Facilities, Health Care Providers, and Physicians also may not impose a Covid-19 vaccination mandate. However, there is an exception in the law related to these employers. A health care facility, health care provider, or physician may have reasonable policies for employees or contractors who are not vaccinated, which includes using protective medical equipment.

The law requires TWC to adopt rules to implement the new provisions. TWC has started that rulemaking process. If you believe an employer took negative action because you refused to be vaccinated against COVID-19, you can submit a complaint form to TWC. The law applies only to negative actions taken by an employer on or after February 6, 2024. TWC does not have authority to investigate any incidents that happened before this date. Please be advised that complaints will be accepted but held for any review until the rules required by the law are finally adopted. In order to ensure adequate public review and comment, Agency rulemaking typically takes between 6 and 9 months to complete.

Submit a request – Texas Workforce Commission | Help Desk