Even as the nation’s vaccination rate increases, vaccination requirements by employers continue to create significant legal conflicts with their employees.

Houston Methodist Hospital implemented a policy requiring all employees to be vaccinated against COVID-19.  Over 150 employees objected, protested and filed suit claiming in part that the vaccine had not been fully approved by the FDA, and that they were concerned about side effects or did not want the vaccine. The Hospital responded by stating that it played a significant role in public health and safety which necessitated the vaccine policy.

In the lawsuit Bridges v. Houston Methodist Hospital, U.S. District Court Judge Lynn N. Hughes ruled the Hospital’s vaccination policy did not violate any Federal law and ruled against the lead plaintiff, Jennifer Bridges. “Bridges dedicates the bulk of her pleadings to arguing that the currently-available COVID-19 vaccines are experimental and dangerous,” Hughes wrote. “This claim is false, and it is also irrelevant.”

Texas law only protects employees from being terminated for refusing to commit a criminal act, wrote Judge Hughes, and requiring a COVID-19 vaccine is not a criminal act. The Judge noted that Bridges could work elsewhere if she did not want the vaccine. Judge Hughes likened Bridges’ decision not to get vaccinated to refusing an assignment or other work requirement.

Recently, the Equal Employment Opportunity Commission clarified that employers could require employees to be vaccinated against COVID-19, subject to employees’ disabilities or religious beliefs.

Other employers like Delta strongly encourage employees to vaccinate and requires vaccination for new hires. United Airlines announced it would require for new hires after June 15 proof of vaccination within 1 week of beginning employment.  Exceptions for medical or religious reasons would be considered.

Adding to the uncertainty was Governor Abbott signing legislation this month that Texas businesses requiring customers to be vaccinated against COVID-19 will be denied state contracts and could lose their licenses or operating permits. “Texas is open 100%, and we want to make sure you have the freedom to go where you want without limits,” said Governor Abbott.  “Vaccine passports are now prohibited in the Lone Star State.”

It appears until COVID 19 has significantly abated, the tensions and conflicts for employers and their employees will persist. Safe harbor to a company vaccination policy may only exist if the company provides an exception for employees medical or religious reasons.

The attorneys in our Austin and Dallas offices are available to answer questions you may have about current COVID-19 pronouncements, legislation and court rulings.

Legal Disclaimers

This blog is made available by Gerstle Snelson, LLP for educational purposes and to provide general information about the law, only.  Neither this document nor the information contained in it is intended to constitute legal advice on any specific matter or of a general nature.  Use of the blog does not create an attorney-client relationship with Gerstle Snelson, LLP where one does not already exist with the firm.  This blog should not be used a substitute for competent legal advice from a licensed attorney.

©Gerstle Snelson, LLP 2021.  All rights reserved.  Any unauthorized reprint or use of this material is prohibited.  No part of this blog may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval system without the express written permission of Gerstle Snelson, LLP.