On Monday, October 11, Texas Governor Greg Abbott issued Executive Order GA-40, requiring that employers provide exemption from any COVID-19 mandate for reason of personal conscience, religious belief or for medical reason, including prior recovery from COVID-19. These exemptions are broader than those required under Title VII of the Civil Rights Act (for sincerely held religious belief, observance or practice) and broader than would be required under the Americans with Disabilities Act (for disabilities). Accordingly, employers, who have mandated the vaccine and previously denied employees exemption based upon a religious or medical exemption, are encouraged to re-review such determinations under the governor’s new Executive Order.

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