Texas Companies Are Stuck Between Mandates. What Now?

Texas businesses face risk and uncertainty as the state and federal government spar over Covid-19 vaccine mandates for employees. Governor Greg Abbott signed an executive order Oct. 11 outlawing such requirements in the second-largest U.S. state. That set up a clash with President Joe Biden, who issued an executive order Sept. 9 requiring employers with more than 100 workers to mandate Covid vaccines or weekly testing once the federal workplace safety regulator creates formal rules. Caught in the middle are companies trying to protect workers and customers from a virus that’s killed more than 700,000 Americans since January 2020.

Under Texas law, the governor’s executive orders “have the force and effect of law.” Abbott, an outspoken Republican, was crystal clear with this one. “No entity in Texas can compel receipt of a Covid-19 vaccination by any individual, including an employee or consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons,” the order said. The federal rules aren’t in place yet, so Abbott’s order, which carries a $1,000 fine for violations, applies to all companies in Texas right now. Even when Biden’s rules do take effect, they won’t apply to companies with fewer than 100 employees, so smaller firms will be obliged to heed the governor’s rules no matter what.