On Oct. 11, 2021, Texas Governor Greg Abbott issued Executive Order (EO) GA-40 which bans any entity, including private employers, from requiring the COVID-19 vaccination for employees or customers. Texas now joins Montana as the only two states that ban private employers from requiring the COVID-19 vaccination as a condition of employment. In July 2021, Montana’s Gov. Greg Gianforte signed House Bill 702, which specifically prohibited an employer from refusing employment to a person, barring a person from employment, or discriminating against a person in compensation or in a term, condition, or privilege of employment based on the person’s vaccination status or whether the person has an immunity passport. Texas employers should understand the reasons for the issuance of the executive order, the parameters of EO GA-40, and whether legal challenges should be expected.

Reasons for Issuance of Executive Order GA-40

In EO GA-40, Governor Abbott recognizes that he had already prohibited governmental entities and certain others from imposing COVID-19 vaccine mandates or requiring vaccine passports. He also signed into law Senate Bill 968, which prohibits a business from requiring a customer to provide any documentation certifying the customer’s COVID-19 vaccination. For a detailed discussion into SB 968, see Baker Donelson’s prior alert, Texas Prohibits Businesses and Employers from Requiring Customers to Show Vaccine Passports.