With COVID vaccines becoming more readily available, the question of whether employers can require employees to be vaccinated has arisen.
The short answer is generally, yes, an employer can require their employees to be vaccinated. In Texas, as elsewhere, employers have a duty to create a safe environment for employees and customers.
However, there could be exemptions for some employees who do not want to receive a COVID vaccination. If the employee has a religious objection or has a disability that a vaccination could potentially impact, the employer has a duty to make reasonable accommodation for that person.
If an employee wants to challenge an employer-mandated mandatory vaccine in court, they may have the opportunity to do that. Texas is a proponent of personal freedom, and the court may be sympathetic to employees who do not wish to be vaccinated, but the outcome of any legal challenge is uncertain.
Because the pandemic itself is new territory, legal situations connected with it are also a new area. Each case would be decided based on the situation, but the general theme would be whether the employer is acting reasonably in the circumstances to protect themselves, their employees, and the public.
Attorney Ricardo Barrera was recently interviewed on the subject by Channel 4 Valley Central News. Click here for the full report.
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