These Fort Worth companies will require vaccines, despite Abbott’s order banning mandates
Some of Fort Worth’s largest employers are expected to follow federal guidelines for COVID-19 vaccines, despite Texas Gov. Greg Abbott’s order barring businesses from mandating shots.
Abbott on Monday announced an executive order prohibiting any “entity” in Texas from requiring vaccines. The order expands upon a previous rule barring governmental entities from issuing coronavirus vaccine mandates. In issuing the order, Abbott said the COVID-19 vaccine is “safe, effective, and our best defense against the virus” but should be voluntary.
The Texas governor’s latest rule comes after the Biden Administration announced in September that employers with more than 100 staff members must require employees be vaccinated or tested weekly for COVID-19. The Department of Labor’s Occupational Safety and Health Administration is developing rules for employers, but they haven’t been issued.
Biden mandated that federal workers and contractors get the vaccine. The Centers for Medicare & Medicaid Services is also working to require shots for workers at health care facilities that receive Medicare or Medicaid reimbursement.
Following Biden’s announcement Dallas-based Southwest Airlines and Fort Worth-based American Airlines said employees would be required to get vaccinated as federal contractors. The deadline to get fully vaccinated is Nov. 22 for federal employees and Dec. 8 for contractors.
Brandy King, a spokesperson for Southwest Airlines, said in a statement that the company is aware of Abbott’s order, but it plans to continue to follow the federal rule.
“We are reviewing all guidance issued on the vaccine and are aware of the recent Order by Governor Abbott,” the statement reads. “According to the President’s Executive Order, federal action supersedes any state mandate or law, and we would be expected to comply with the President’s Order to remain compliant as a federal contractor. We will continue to follow all Orders closely and keep our Employees updated on any potential changes to existing policies.”
A spokesperson for Fort Worth-based American Airlines said it too was reviewing Abbott’s order.
“We believe the federal vaccine mandate supersedes any conflicting state laws, and this does not change anything for American,” spokesperson Curtis Blessing said.
A spokesperson for Lockheed Martin, also a federal contractor, referred to a statement on its website when asked about Abbott’s order. The security and aerospace company is following federal requirements, according to the web page updated Monday,
The Fort Worth Chamber of Commerce declined to comment on Abbott’s order.
Abbott’s order does not offer an exemption for medical settings. Stephen Love, the president and CEO of the Dallas-Fort Worth Hospital Council, said hospitals will work to fully comply with all executive orders. Some North Texas hospitals have already mandated employees be vaccinated, while others encourage vaccinations but don’t mandate them, he said.
“Hospitals in general follow the science, we follow public health and we stay out of the politics,” Love said.
Texas Hospital Association President and CEO Ted Shaw in a statement said hospitals need to be able to do what’s best to protect patients.
“This political action undercuts the central mission of hospitals, and patients and staff cannot be put at unnecessary risk. Hospitals have soldiered on for months at ground zero of this pandemic,” Shaw said. “As experts in healing and saving lives, hospitals must have the trust, respect and flexibility to mandate vaccines in their own facilities to protect the people of Texas.”
‘Confusion’ over Abbott’s order
TCU political science professor Jim Riddlesperger said Abbott’s order raises questions about whether it is enforceable, particularly for businesses that operate in and outside of Texas. The order also calls into question whether a state order can override federal authority. Typically, the federal government’s position takes precedence over the state, Riddlesperger said.
“Gov. Abbott’s order has created a lot of confusion and headaches for employers in Texas,” said Fort Worth lawyer Jason Smith, who practices employment law.
Abbott’s order states that “no entity in Texas can compel receipt of a COVID-19 vaccine by any individual, including an employee or a consumer, who objects to such vaccination for any reason of personal conscience, based on a religious belief, or for medical reasons, including prior recovery from COVID-19.”
“In yet another instance of federal overreach, the Biden Administration is now bullying many private entities into imposing COVID-19 vaccine mandates, causing workforce disruptions that threaten Texas’ s continued recovery from the COVID- 19 disaster,” the order reads.
Biden administration reaction
Asked whether the Biden administration planned to sue Texas over its order, White House press secretary Jen Psaki said the administration intends to establish the vaccine requirements across the country, “including in states where there are attempts to oppose them.”
Psaki hinted at a future court fight by emphasizing that federal law overrides state law. She said Abbott’s order fits “a familiar pattern that we’ve seen of putting politics ahead of public health.”
She noted that tens of thousands of Texans have died from COVID and that vaccine mandates have been standard in Texas schools for decades for measles and other illnesses. She said Texas businesses would still be subject to the forthcoming OSHA rule regardless of Abbott’s order.
“But fundamentally beyond the legal aspect, which is unquestionable in our view, the question for any business leader is, What do you want to do to save more lives in your companies?” Psaki said. “How are you going to create a workforce where people feel safe to go into their workplaces? What is fundamentally in the interest of your businesses over the long term?”
In addition to conflicts and potential conflicts with the federal orders, Smith said Abbott’s order clashes with state law. Texas employment law allows employers to fire a person for any reason, he said.
“The Legislature has established a rule that says employers can fire you for any reason and employees can leave a job for any reason, and Gov. Abbott doesn’t have the power, even under the disaster declaration, to nullify the laws created by the Legislature governing employment relationships,” Smith said.
Abbott on Monday asked state lawmakers to take up legislation barring any entity from mandating vaccines, including for employees or customers. Related bills are scheduled for hearings in House and Senate committees this week.
McClatchy White House correspondent Bryan Lowry contributed reporting.
This story was originally published October 12, 2021 at 4:25 PM.
