Adam Sencenbaugh Discusses Employer Vaccine Mandates

September 01, 2021

Haynes and Boone, LLP Partner Adam Sencenbaugh talked with HR Dive about COVID-19 vaccine mandates in the workplace.

Below is an excerpt:

In a milestone for the public health response to the ongoing pandemic, regulators from the U.S. Food and Drug Administration issued Monday full approval of the first COVID-19 vaccine.

The two-dose mRNA vaccine produced by Pfizer and BioNTech has been available to individuals 16 years of age and older under the FDA's emergency use authorization since Dec. 11, 2020, and that authorization was expanded to include those 12 through 15 years of age in May. But the agency's full approval could spur more employers to mandate vaccination within their workplaces, attorneys told HR Dive. …

…On Aug. 25, Texas Gov. Greg Abbott issued an executive order prohibiting government entities in the state from compelling any individual to receive a COVID-19 vaccine.
Though the majority of state and local bans apply to customers instead of employees, employers need to carefully monitor the language of regulations in their respective jurisdictions, Adam Sencenbaugh, partner at Haynes and Boone, told HR Dive in an email.

"Many of the orders are focused on entities that receive public funds such as grants, contracts, or other public monies," Sencenbaugh said. "Court challenges will likely follow, so employers will need to stay apprised of changes as they develop."

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