Where Do Things Stand With Federal Employee Mandates In Tennessee?

Photo Credit: NIH Image Gallery / Chiachi Chang / Public Domain

By Gary Humble –

Since things seem to change with the speed of light, let’s make sure that we are all on the same page here in Tennessee.

My employer has less than 100 employees. Can they require me to take the jab?

No. TCA § 14-2-102 now prohibits employers from compelling or taking any adverse action against an employee for objecting to receiving a vaccination for COVID-19 for any reason. Further, TCA § 14-6-103 will allow a person to file a lawsuit and recover damages and attorney’s fees for violations of this new legal protection.

My employer has more than 100 employees. Can they require me to take the jab?

No. Currently, the Fifth Circuit Court of Appeals has reaffirmed a stay on the OSHA regulation and OSHA has communicated that it is no longer pursuing efforts to enforce these proposed regulations at this time in compliance with the order. In Tennessee, employers of every size are now subject to TCA § 14-2-102.

I am a healthcare worker. Do I have to take the jab to keep my job?

If you work for a healthcare provider subject to CMS (Medicare) guidelines, currently, it is a federal requirement. This affects over 17,000,000 healthcare workers across the country. And, the state of Tennessee in Title 14 has exempted these healthcare providers from state law in order that they comply with this federal rule.

There is hope. Attorney General Jeff Landry of Louisiana is leading a lawsuit against the CMS requirements joined by 11 other states (Tennessee NOT included). A federal judge recently expedited this case as to hopefully enter a ruling before the December 6th deadline.

I work for a federal contractor. Do I have to take the jab?

In Tennessee, yes, if your employer is granted an exemption. TCA § 14-6-102 allows a federal contractor to apply to the Comptroller for an exemption to state law in order to continue receiving federal funds per a federal contract.

Tennessee has joined in a lawsuit along with the states of Ohio and Kentucky to challenge this executive order in a Kentucky federal court. 

There was a hearing on Thursday, November 18th. Federal District Judge Tatenhove indicated that the issue would be taken under advisement and further court rulings on the matter would be forthcoming. 

About Gary: Gary Humble is the founder and executive director of Tennessee Stands, an organization working to secure liberty and hold elected officials accountable to the Constitution through legislation, litigation, and education. Follow Gary @garyhumble and visit www.tennesseestands.org.