City of Austin says it WON’T require proof of vaccination for employees, despite Mayor Adler’s request
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AUSTIN (KXAN) – The city of Austin says it is urging its staff to get vaccinated, but it cannot request a vaccination due to an earlier order from Texas Governor Greg Abbott.
On Wednesday afternoon, Austin Mayor Steve Adler formally urged city manager Spencer Cronk to waive the request as cases in the Austin-Travis County area have increased in recent weeks.
Adler said on Wednesday:
“With the alarming surge in cases, ICU admissions, and community positivity rates, we need to do more. In particular, we must act to better protect our children under 12 who cannot be vaccinated and are at unnecessarily increased risk. Today I am calling on the city administration to request that city officials be vaccinated (with exceptions only). I also urge Austin companies to require their employees to be vaccinated as well. We must all lead by our own example. “
Austin’s Mayor Steve Adler
The move came as city leaders remained bound by Texas Governor Greg Abbott’s order banning mask mandates in government agencies. Mayor Adler in particular protested against the order and said that he would enforce masking in the city – even for those who had been vaccinated – if he could.
However, an Austin city spokesman told KXAN late Wednesday afternoon that required vaccinations would not be given.
“The governor’s executive order GA-35 prohibits the city from requiring vaccinations,” the spokesman said. “However, the City Manager has asked employees to get vaccinated to help us end this pandemic. A full vaccination has been shown to offer the highest protection against COVID-19 and COVID variants. “
Mayor Adler says he knows a city vaccination order would be inconsistent with the governor’s order.
“But the legal question of whether or not a local health agency or local officials are able to make valid and enforceable rules for their local communities seems to be an open question under Texas law,” Adler said. “You know, we’ve done this twice. The city health authority ordered certain behavior for companies on New Year’s Eve. We have been to this place where the governor’s office and [state] The attorney general sued us for doing things they thought were against the governor’s order.
Adler hopes it will be different this time.
“Nobody wants a lawsuit to arise. I just hope the governor looks at the same data here from the same doctors we hear about and knows how important it is for people to get vaccinated, “Adler said.
Austin Mayor says everyone should wear masks again if COVID-19 cases rise
Dr. Dr. Ogechika Alozie, a member of the Texas Medical Association’s COVID-19 Task Force, told KXAN that he believes more needs to be done to get more people vaccinated.
“I think we somehow failed to get enough people vaccinated in this country because it became politicized, and the next two things are mandates and potential incentives,” Alozie said.
Dr. Alozie says he believes employers should have some control when it comes to vaccinating employees.
“I firmly believe that employers must now play a role in this conversation. You can no longer sit on the backburner. You have to make a decision, ”said Alozie. “I think it’s fair that people have mandates to get vaccinated, and I actually believe that when we have mandate talks it should be about things that we have data on, which are vaccines and is not about masks. “
Back in April, KXAN reported that only about 49% of Austin Police Department officers were vaccinated after they were made available, though that number didn’t include those who may already have been vaccinated themselves. Austin Police Association President Ken Casaday said there were some concerns about the vaccine within the department.
APD said that while the vaccine was made available to staff, it “in no way affects the decision of our officials.”
On Tuesday, Adler convicted Abbott of the mask ban, especially as it prevents Texas school districts from enforcing the wearing of masks when face-to-face classes begin in the fall.
“As the CDC prepares to recommend that all K-12 students wear masks, a reminder that @GovAbbott made it impossible for Texas schools and cities to protect their citizens,” Adler tweeted.
Later that day, Abbott reiterated earlier statements that he would not reinstate the mandate regardless of the increase in case numbers and hospitalizations.
“The time of government masking duties is over – now is the time of ownership,” Abbott tweeted. “… Every Texan has the right to choose whether to wear a mask or whether his children wear masks.”
As of the last update of July 28, there are currently 2,151 active cases of COVID-19 in Austin-Travis County. 314 people are admitted to the hospital, 106 in the intensive care unit and 58 people on ventilators.
Last week Austin-Travis County entered Level 4 guidelines for COVID-19 risk.
43 vaccinated Texans with underlying diseases have died of COVID-19 since February 8
allowed to does an employer require a vaccination?
The answer is Yes.
The U.S. Equal Opportunities Commission states:
“The federal EBO laws Not prevent an employer from requiring all employees who physically enter the workplace to be vaccinated against COVID-19 … “
US EEOC
Rogge Dunn, a Dallas labor and labor law attorney, told CNBC that many of its corporate clients tend to make vaccines mandatory.
“Under the law, an employer can force an employee to get vaccinated and if they don’t accept the vaccination they can fire them,” Dunn said.
Dunn said some companies may even see that promoting fully vaccinated staff may be attractive to customers and clients.
Can your boss fire you for refusing to get a COVID-19 vaccine? Yes.
At the national level, President Joe Biden said Tuesday that vaccination requirements are being considered for all federal employees. Government employees in California and New York City must provide proof of vaccination or undergo weekly COVID-19 tests.
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