40 Tex. Admin. Code § 844.51 - Remedial Action
(a) Under Texas
Health and Safety Code §
81D.006(a)(1) and
(2), an administrative penalty will not be
assessed if prescribed remedial action is taken in response to a complaint. The
remedial action required to avoid a penalty depends upon the specific facts
that resulted in a violation. Depending upon the circumstances of the
violation, remedial action may require:
(1)
if the complainant applied for an employment or contract position with the
employer, and was not offered such position based upon his or her refusal to be
vaccinated against COVID-19, the employer must offer the complainant the
position applied for;
(2) if the
complainant is currently, or was recently, an employee or contractor of the
employer, the employer shall take the following remedial steps as applicable to
the violation. Not all steps may be applicable to remedy the adverse action
that resulted in a violation:
(A)
reinstatement of the employee or contractor;
(B) providing the employee or contractor with
back pay from the date the employer took the adverse action; and/or
(C) the employer must take every reasonable
effort to reverse the effects of the adverse action. Reasonable efforts
include, but are not limited to, reestablishing employee benefits for which the
employee or contractor otherwise would have been eligible if the adverse action
had not been taken.
(b) Acceptable proof of a remedial action may
include an offer or hiring letter on company letterhead, a signed new hire
paperwork, a signed settlement letter, or completion of an Agency form by the
complainant attesting to the remedial action.
(c) Proof of remedial action shall be
submitted online as identified through the Agency's website page related to
COVID-19 mandate complaints, by other means authorized in writing by the
Agency, or to the assigned hearing officer in accordance with §
844.85(e) of
this chapter.
Notes
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