Under Texas Health & Safety Code Chapter 81D, an employer may not require employees, contractors, or applicants to be vaccinated against COVID-19. Employers also cannot take any negative action against them because of their vaccination status. This law does not apply to governmental employers.
If TWC determines an employer violated this law, the employer can be charged a $50,000 penalty. However, the employer can avoid the penalty if they fix the situation. This might mean bringing back a fired employee, hiring someone who was not hired, or giving an employee back the benefits they would gotten if the negative action had not been taken.
Health care facilities, health care providers, and physicians also cannot require employees or contractors to get vaccinated. However, there is an exception for these employers. These employers can have reasonable policies for unvaccinated workers, such as requiring them to use protective medical equipment.
TWC has rules to enforce this law. The rules, new Chapter 844, Texas Administrative Code, went into effect on December 30, 2024.
TWC is investigating complaints that were already received and any new complaints that are filed. If you already filed a complaint, you do not need to do anything because of the new rules.
How to File a COVID-19 Vaccine Complaint
- WHERE: You must file a complaint online using TWC’s COVID-19 Complaint Form.
- DEADLINE: The complaint must be filed within 90 days of the adverse action or, for adverse actions that occurred between February 6, 2024 and December 30, 2024, the complaint must be filed before March 30, 2025
- REQUIRED INFORMATION: You must provide your name, the name of the employer, contact information, and the nature and description of the adverse action.
- TRUE & CORRECT: You must click on the acknowledgement to certify your information in your complaint is true and correct.
Can an employer require me to get the vaccine?
No, a private employer in Texas cannot make you get the COVID-19 vaccine.
Under Texas law (Chapter 81D, Subtitle D, Title 2, Health and Safety Code), private employers are not allowed to take negative actions against employees, contractors, or job applicants who refuse the COVID-19 vaccine. Negative actions can include things like firing, demoting, or cutting pay.
If this happens to you, you can file a complaint with TWC. Employers who break this law can face penalties.
What is an Adverse Action?
The law defines an “adverse action” 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 employer, or applicant for a contract position.”
Examples of an adverse action include, but are not limited to:
- Firing an employee
- Terminating a contractual relationship
- Demoting an employee
- Reducing pay or compensation
- Not hiring an employee
- Not offering a contract for a contract position
- Reduction in hours not related to a business need
When deciding if an employer’s action was an “adverse action”, TWC will look at whether the employer tried in good faith to follow the law. If they did, it will show that a reasonable person would not see the employer’s action as being meant to punish, harm, or hurt the person who made the complaint.
- Filing a Complaint: Submit a complaint form to TWC within 90 days of the adverse action. For adverse actions that occurred between February 6, 2024 and December 30, 2024, the complaint must be filed before March 30, 2025
- Review and Validation: TWC reviews the complaint to ensure it meets requirements; invalid complaints may be dismissed but can be refiled within 30 days.
- Investigation: TWC investigates by contacting the employer and, for healthcare-related cases, consults the Department of State Health Services.
- Determination: TWC issues a Preliminary Determination Order stating if the employer violated the law and may impose penalties or allow remedial action.
- Next Steps: Both the employee and employer can appeal the decision if they disagree with the findings.
If you disagree with the Texas Workforce Commission's (TWC) decision about your COVID-19 vaccine complaint, you can appeal. First, you must submit a written appeal within 30 days of receiving the Preliminary Determination Order. If needed, a hearing will be held, usually by phone or online. If you disagree with the hearing officer’s decision, you can file a second appeal to the TWC Commission Review within 14 days. Finally, if you're still not satisfied, you can request a Judicial Review in a Travis County district court within 14 days of the Commission’s final decision. Make sure to file all appeals on time and follow the instructions in your appeal notice to avoid losing your right to challenge the decision.