Yesterday evening, Governor Abbott issued an executive order that prohibits any business from requiring any person to receive the COVID-19 vaccine if that person objects based on certain grounds. This new executive order applies to every business and employer in Texas regardless of size. And it prohibits requiring “any individual, including an employee or a consumer” to receive the vaccine if the individual objects based on personal conscience, religious belief, or medical reasons, which includes prior recovery from COID-19. There are no exceptions identified in the executive order.

As a result of this executive order, which is effective immediately, while businesses can mandate that their employees or consumers receive the vaccine, if the employee or consumer objects on any of the grounds identified above (which includes any personal conscience reason), the employer cannot compel receipt of the vaccine.

It is questionable whether the Governor has the ability to compel private businesses to comply with this mandate (at least not without Legislative action). Ultimately, we will have to wait for the courts to determine if this executive order is valid or not. Until that time, employers should consult with counsel when determining whether to comply with the executive order.

Kemp Smith’s Labor and Employment lawyers are available to assist with this, and any other employment-related issues.