Can private employers in Tennessee require employees to be vaccinated against COVID-19?

Plain-English summary

In 2021, as employers across the country debated whether to require COVID-19 vaccination as a condition of employment, the Tennessee General Assembly passed Public Chapter 513, codified at §§ 68-5-116 and 68-5-117. That law prohibited the State and its political subdivisions from requiring any person to be vaccinated against SARS-CoV-2 (or any variant). It did not address private employers. A Tennessee legislator asked the AG whether other Tennessee law nonetheless prohibited private employers from imposing such a requirement.

AG Slatery answered no. The plain text of Public Chapter 513 reaches only government employers. Tennessee's existing employment law generally permits employer-imposed conditions of employment in an at-will state, with specific narrow exceptions for protected conduct (whistleblowing, firearm storage in vehicles). Refusal to be vaccinated is not statutorily protected. The General Assembly could have included private employers in Chapter 513's prohibition; it chose not to. Therefore, state law does not bar private employers from imposing the requirement.

That answers the state-law half of the question. The opinion also flags, but does not analyze in depth, the federal-law layer. Title VII of the Civil Rights Act requires a private employer to provide a religious accommodation absent undue hardship. The Americans with Disabilities Act requires a medical-condition accommodation absent undue hardship. OSHA standards, collective bargaining agreements, and individual contracts may also constrain employer choices. A Tennessee private employer is therefore generally free under state law to require COVID-19 vaccination, but must offer required federal exceptions, evaluate accommodation requests under the appropriate standards, and consult any applicable contracts.

What this means for you

If you run a private business in Tennessee

State law does not prevent you from adopting a COVID-19 vaccination requirement. Federal law and any contractual obligations create the practical guardrails. Build your policy around: (1) a clear statement of the requirement, (2) a process for religious accommodation (Title VII), (3) a process for medical/disability accommodation (ADA), (4) consistent application across similarly situated employees, and (5) review against any union contracts or industry-specific federal regulations. The legal landscape on these topics has shifted significantly since 2021; consult current law before drafting or enforcing a policy.

If you work for a private Tennessee employer with a vaccination requirement

State law does not give you a Tennessee-specific exemption. Your protections come from federal law: Title VII for sincerely held religious beliefs, the ADA for disabilities or qualifying medical conditions. Document your accommodation request in writing, identify the legal basis (religious or medical), and engage with HR's interactive process. If denied, consult an employment attorney about EEOC filing.

If you work for a Tennessee government employer

Public Chapter 513 (as it stood in 2021) prohibited your employer from requiring COVID-19 vaccination. The statute has been amended and supplemented since 2021; check current Tennessee Code for the live text.

If you are an employment attorney or HR consultant

The opinion is narrow but important: it confirms the state-law baseline for private employers in Tennessee circa October 2021. The federal layer (especially OSHA's then-debated Emergency Temporary Standard for healthcare and large-employer mandates) has evolved. Use this opinion as the starting point for state law and layer current federal authority on top.

If you operate a healthcare facility

Different rules. Federal CMS rules at one point required vaccination for staff at facilities receiving Medicare/Medicaid funding. State law does not prevent you from following CMS requirements; in fact, federal law supersedes state law when there is a true conflict. Track current CMS and OSHA healthcare-worker requirements.

Common questions

Q: What did Public Chapter 513 actually do?
A: It prohibited the State of Tennessee and its political subdivisions (counties, cities, special districts) from requiring vaccination against SARS-CoV-2. § 68-5-116 contains the prohibition; § 68-5-117 contains definitions. It did not extend the prohibition to private employers.

Q: Why did the General Assembly limit Public Chapter 513 to government?
A: That is a legislative judgment the AG opinion does not second-guess. The statute as enacted reflected a deliberate choice. The legislature could have extended the prohibition to private employers; the AG opinion treats that omission as significant.

Q: What about Title VII religious accommodation?
A: Federal law. A private employer must accommodate sincerely held religious beliefs unless doing so would be an "undue hardship" (the Supreme Court raised this standard in Groff v. DeJoy, 600 U.S. 447 (2023)). The exemption-request process and the burden of proof on each side is well-developed in federal case law and EEOC guidance.

Q: What about ADA medical accommodation?
A: Federal law. A private employer must engage in an "interactive process" with an employee whose disability or medical condition makes vaccination contraindicated. Reasonable accommodation must be offered unless undue hardship exists.

Q: Has Tennessee law changed since this opinion?
A: Yes, multiple times. The General Assembly amended Title 14 (and other titles) in 2021-2024 to expand vaccination-related employment protections in some contexts. Anyone making decisions today should consult current Tennessee Code, not rely solely on this 2021 opinion.

Q: Does this opinion cover schools, hospitals, or other licensed entities?
A: It addresses private employers generally. Specific licensed industries may be subject to additional state or federal rules. Schools, hospitals, and licensed care providers should consult industry-specific guidance.

Background and statutory framework

Tennessee is an at-will employment state. Absent a specific statutory protection, an employer may impose conditions of employment, including vaccination requirements, and may discharge employees who do not comply. The statutory protections that limit at-will employment are narrow: § 50-1-304 protects employees who refuse to participate in or remain silent about illegal activity, § 50-1-312 protects employees who store firearms in their vehicles in compliance with § 39-17-1313, and various antidiscrimination statutes prohibit adverse action based on protected characteristics.

None of those protect refusal to be vaccinated as such. The General Assembly considered the vaccine question in 2021 and passed Public Chapter 513 as a limited prohibition on government action. The opinion's core reasoning is that the limited reach of the statute reflects legislative choice: the legislature could have extended the prohibition to private employers and did not.

The federal layer is what supplies most of the practical compliance work. Title VII, the ADA, OSHA, CMS, and contract law all bear on the design and application of any private-sector vaccination policy. A 2021 Tennessee employer following only state law could legally require vaccination but could face Title VII and ADA exposure if it failed to handle accommodation requests properly.

Citations

• 2021 Tenn. Pub. Acts, ch. 513 (government vaccination prohibition)
• Tenn. Code Ann. § 68-5-116 (codified prohibition)
• Tenn. Code Ann. § 68-5-117 (definitions)
• Tenn. Code Ann. § 50-1-304 (whistleblower protection)
• Tenn. Code Ann. § 50-1-312 (firearm-storage employment protection)
• 42 U.S.C. § 2000e et seq. (Title VII)
• 42 U.S.C. § 12101 et seq. (ADA)
• 29 U.S.C. § 651 et seq. (OSHA)

Subject

COVID-19 Vaccination as Condition of Employment Imposed by Private Employers

Source

• Landing page: https://www.tn.gov/attorneygeneral/opinions.html
• Original PDF: https://www.tn.gov/content/dam/tn/attorneygeneral/documents/ops/2021/op21-16.pdf

Original opinion text

COVID-19 Vaccination as Condition of Employment Imposed by Private Employers
May a private employer require its employees to be vaccinated against COVID-19 as a
condition of employment?
Tennessee law does not prohibit private employers from requiring their employees to be
vaccinated against COVID-19 as a condition of employment. But-depending on the particular
facts and circumstances in any given private employment situation-federal law, as well as
collective bargaining agreements and other employment contractual obligations, may preclude a
private employer from requiring its employees to be vaccinated against COVID-19, subject to
appropriate exceptions, such as exceptions for medical reasons.
1. State Law Does Not Preclude Private Employers from Requiring Employees to be
Vaccinated Against Covid-19.
Earlier this year, the Tennessee General Assembly passed legislation that prohibits the State
and its political subdivisions from requiring any person to be vaccinated or immunized against the
SARS-CoV-2 virus or any variant of that virus (collectively "COVID-19"). 2021 Tenn. Pub. Acts,
ch. 513, §§ § § 1, 7 (codified at Tenn. Code Ann. § § 68-5-116, -117). By its express terms, Public
Chapter 513 applies only to the government. Accordingly, this Tennessee law does not prevent
private employers from requiring their employees to be vaccinated or immunized against COVID-
19 as a condition of employment, subject to appropriate exceptions, such as exceptions for medical
State law governing employment relationships and practices in this State does expressly
prohibit the termination or discharge of employees who engage in certain conduct,¹ but an
employee's refusal to be vaccinated is not recognized as protected conduct. When the General
Assembly passed Public Chapter 513, it could have amended the law to prohibit private employers
1 For example, Tenn. Code Ann. § 50-1-304 provides that no employee shall be discharged or terminated "solely for
refusing to participate in, or for refusing to remain silent about, illegal activities," and § 50-1-312 prohibits an
employer from discharging or taking adverse a ction against its employees "solely for transporting or storing a firearm
or firearm ammunition in an employer parking area in a manner consistent with § 39-17-1313(a)."
STATE OF TENNESSEE
OFFICE OF THE ATTORNEY GENERAL
October 6, 2021
Opinion No. 21-16
COVID-19 Vaccination as Condition of Employment Imposed by Private Employers
Question
May a private employer require its employees to be vaccinated against COVID-19 as a
condition of employment?
Opinion
Tennessee law does not prohibit private employers from requiring their employees to be
vaccinated against COVID-19 as a condition of employment. But—depending on the particular
facts and circumstances in any given private employment situation—federal law, as well as
collective bargaining agreements and other employment contractual obligations, may preclude a
private employer from requiring its employees to be vaccinated against COVID-19, subject to
appropriate exceptions, such as exceptions for medical reasons.
ANALYSIS
1. State Law Does Not Preclude Private Employers from Requiring Employees to be
Vaccinated Against Covid-19.
Earlier this year, the Tennessee General Assembly passed legislation that prohibits the State
and its political subdivisionsfrom requiring any person to be vaccinated or immunized against the
SARS-CoV-2 virus orany variantof thatvirus (collectively “COVID-19”). 2021 Tenn.Pub.Acts,
ch. 513, §§ 1, 7 (codified at Tenn. Code Ann. §§ 68-5-116, -117). By its express terms, Public
Chapter 513 applies only to the government. Accordingly, this Tennessee law does not prevent
private employers from requiring their employees to be vaccinated or immunized against COVID-
19 as a condition of employment,subjectto appropriateexceptions,such asexceptionsformedical
reasons.
State law governing employment relationships and practices in this State does expressly
prohibit the termination or discharge of employees who engage in certain conduct,1 but an
employee’s refusal to be vaccinated is not recognized as protected conduct. When the General
Assembly passed Public Chapter 513, it could have amended the law to prohibit private employers
1
For example,Tenn.Code Ann.§ 50-1-304providesthat no employee shallbe dischargedorterminated “solely for
refusing to participate in, or for refusing to remain silent about, illegal activities,” and § 50-1-312 prohibits an
employerfromdischargingortakingadverseaction against itsemployees“solely fortransportingorstoringa firearm
or firearmammunitionin an employerparkingarea in a mannerconsistent with § 39-17-1313(a).”
from taking adverse action against their employees for refusing to receive a COVID-19 vaccine as
it has done with respect to other conduct, but it did not do so.²
2. Federal Law Could Preclude a Private Employer from Requiring its Employees to be
Federal law, though, could preclude a private employer from requiring its employees to be
vaccinated against COVID-19 as a condition of employment. Whether and to what extent any
such federal law applies to any given private employer will depend on the particular facts and
circumstances involved.
For example, in February 2020, the United States Department of Health and Human
Services declared a public emergency and instructed the Food and Drug Administration (the
"FDA") to grant emergency use authorizations ("EUA") for medical devices and interventions,
including vaccines, to combat the COVID-19 pandemic. See 85 Fed. Reg. 7316-01, 7316-17
(2020); 85 Fed. Reg. 18250-01, 18250-51 (2020). The FDA then granted three vaccines EUA
status for individuals sixteen and older: Pfizer-BioNTech and Moderna in December 2020 and
Johnson & Johnson in February 2021.³
Faced with impending vaccine mandates following these grants of EUA status, employees
sought to challenge employer vaccine requirements on the grounds that the Food, Drug and
Cosmetics Act (the "FDCA") allows individuals to refuse those vaccines that have not been fully
approved by the FDA. They argued that the EUA status of the vaccines precluded enforcement of
the vaccine mandates under the FDCA, which provides that individuals have "the option to accept
or refuse" an EUA product. See 21 U.S.C. § 360bbb-3.
A number of courts in other jurisdictions have rejected such challenges to employer vaccine
mandates. See, e.g., Valdez v. Grisham, No. 21-cv-783, 2021 WL 4145746, at 4 (D. New Mexico
Sept. 13, 2021), appeal docketed, No. 21-2105 (10th Cir. Sept. 15, 2021) (finding that "the option
to accept or refuse" an EUA product is an informed consent provision which "applies only to
medical providers" who administer the vaccine) (quoting Klaasen v. Trustees of Indiana Univ.,
No. 21-cv-238, 2021 WL 3073926, at 25 (N.D. Ind. July 18, 2021), aff' d, 7 F.4th 592 (7th Cir.
2021). Under this view, private employers who require their employees to obtain a COVID-19
vaccination from a medical provider and attest that they have been vaccinated may not run afoul
of the EUA provisions of the FDCA on the theory that the EUA provisions of the FDCA do not
apply when employers are not "directly administering the vaccine." Id. See also Bridges V.
Houston Methodist Hosp., No. H-21-1774, 2021 WL 2399994, at 2 (S.D. Tex. June 12, 2021)
(court rejected hospital employee's claim that since "no one can be mandated to receive
2 In fact, the legislative history for Public Chapter 513 is replete with statements that private businesses were not
included in the proposed legislation and would remain unrestricted in their ability to require that their employees be
vaccinated for COVID-19.
3 See Centers for Disease Control and Prevention, COVID-19 Vaccination Recommendations,
The Pfizer-BioNTech COVID-19 vaccine was recently fully approved by the FDA on August 23, 2021. Id.
2
from taking adverse action against their employees for refusing to receive a COVID-19 vaccine as
it has done with respect to other conduct, but it did not do so.2
2. Federal Law Could Preclude a Private Employer from Requiring its Employees to be
Vaccinated.
Federal law, though, could preclude a private employer from requiring its employees to be
vaccinated against COVID-19 as a condition of employment. Whether and to what extent any
such federal law applies to any given private employer will depend on the particular facts and
circumstances involved.
For example, in February 2020, the United States Department of Health and Human
Services declared a public emergency and instructed the Food and Drug Administration (the
“FDA”) to grant emergency use authorizations (“EUA”) for medical devices and interventions,
including vaccines, to combat the COVID-19 pandemic. See 85 Fed. Reg. 7316-01, 7316-17
(2020); 85 Fed. Reg. 18250-01, 18250-51 (2020). The FDA then granted three vaccines EUA
status for individuals sixteen and older: Pfizer-BioNTech and Moderna in December 2020 and
Johnson & Johnson in February 2021.3
Faced with impending vaccine mandates following these grants of EUA status, employees
sought to challenge employer vaccine requirements on the grounds that the Food, Drug and
Cosmetics Act (the “FDCA”) allows individuals to refuse those vaccines that have not been fully
approved by the FDA. They argued that the EUA status of the vaccines precluded enforcement of
the vaccine mandates under the FDCA, which provides that individuals have “the option to accept
or refuse” an EUA product. See 21 U.S.C. § 360bbb-3.
A numberof courts in otherjurisdictionshave rejected suchchallengesto employervaccine
mandates. See,e.g., Valdezv.Grisham,No.21-cv-783,2021 WL4145746,at4 (D.NewMexico
Sept. 13, 2021), appeal docketed, No.21-2105 (10th Cir. Sept. 15, 2021) (finding that “the option
to accept or refuse” an EUA product is an informed consent provision which “applies only to
medical providers” who administer the vaccine) (quoting Klaasen v. Trustees of Indiana Univ.,
No. 21-cv-238, 2021 WL 3073926,at 25 (N.D. Ind. July 18, 2021), aff’d, 7 F.4th 592 (7th Cir.
2021). Under this view, private employers who require their employees to obtain a COVID-19
vaccination from a medical provider and attest that they have been vaccinated may not run afoul
of the EUA provisions of the FDCA on the theory that the EUA provisions of the FDCA do not
apply when employers are not “directly administering the vaccine.” Id. See also Bridges v.
Houston Methodist Hosp., No. H-21-1774, 2021 WL 2399994, at 2 (S.D. Tex. June 12, 2021)
(court rejected hospital employee’s claim that since “no one can be mandated to receive
2
In fact, the legislative history for Public Chapter 513 is replete with statements that private businesses were not
included in the proposed legislationand would remain unrestrictedin theirability to require that theiremployees be
vaccinated forCOVID-19.
3
See Centers for Disease Control and Prevention, COVID-19 Vaccination Recommendations,
https://www.cdc.gov/coronavirus/2019-ncov/vaccines/recommendations-process.html(last visited October1,2021).
The Pfizer-BioNTech COVID-19vaccinewasrecentlyfully approved bythe FDAon August 23,2021. Id.
'unapproved' medicines in emergencies" COVID-19 vaccine mandate was not permissible under
FDCA and determined that the FDCA "neither expands nor restricts the responsibilities of private
employers").
3. Other Federal Law, Collective Bargaining Agreements, and Other Employment
Contractual Obligations May Prohibit Private Employer COVID-19 Mandates.
In addition, other federal law, collective bargaining agreements, and other contractual
obligations assumed by a private employer may prohibit a given private employer from requiring
its employees to be vaccinated. See Vaccination in the Workplace, Practical Law Practice Note
w-028-8922, 2020 WL 7391418 (2021) (discussing federal laws and their potential impact
regarding COVID-19 vaccination policies imposed by employers). The Occupation Safety and
Health Act and the National Labor Relations Act could apply, for instance. See id.; Lee Modjeska
and Abigail Cooley Modjeska, Federal Labor Law: NLRB Practice § 1:4 (Aug. 2021). If so, there
may be applicable collective bargaining agreements executed pursuant to these laws that may
preclude an employer from unilaterally implementing a COVID-19 vaccine mandate. See id.
Finally, employment contracts or other contractual obligations-other than those imposed
by a collective bargaining agreement-might exist in a particular employment relationship that
could prevent the employer from requiring its employees to be vaccinated for COVID-19.
In sum, Tennessee law does not prohibit private employers from requiring their employees
to be vaccinated against COVID-19 as a condition of employment. But-depending on the
particular facts and circumstances in any given private employment situation-federal law, as well
as collective bargaining agreements and other employment contractual obligations, may preclude
a private employer from requiring its employees to be vaccinated against COVID-19, subject to
appropriate exceptions, such as exceptions for medical reasons.
HERBERT H. SLATERY III
Attorney General and Reporter
ANDRÉE SOPHIA BLUMSTEIN
LAURA T. KIDWELL
Assistant Solicitor General
3
‘unapproved’ medicines in emergencies” COVID-19 vaccine mandate was not permissible under
FDCA and determined that the FDCA “neither expands nor restricts the responsibilities of private
employers”).
3. Other Federal Law, Collective Bargaining Agreements, and Other Employment
Contractual Obligations May Prohibit Private Employer COVID-19 Mandates.
In addition, other federal law, collective bargaining agreements, and other contractual
obligations assumed by a private employer may prohibit a given private employer from requiring
its employees to be vaccinated. See Vaccination in the Workplace, Practical Law Practice Note
w-028-8922, 2020 WL 7391418 (2021) (discussing federal laws and their potential impact
regarding COVID-19 vaccination policies imposed by employers). The Occupation Safety and
Health Act and the National Labor Relations Act could apply, for instance. See id.; Lee Modjeska
and Abigail Cooley Modjeska, Federal LaborLaw: NLRB Practice § 1:4 (Aug. 2021). If so, there
may be applicable collective bargaining agreements executed pursuant to these laws that may
preclude an employer from unilaterally implementing a COVID-19 vaccine mandate. See id.
Finally, employment contracts or other contractual obligations—other than those imposed
by a collective bargaining agreement—might exist in a particular employment relationship that
could prevent the employer from requiring its employees to be vaccinated for COVID-19.
In sum, Tennessee law doesnot prohibit private employers from requiring their employees
to be vaccinated against COVID-19 as a condition of employment. But—depending on the
particularfactsand circumstancesin any given private employmentsituation—federallaw,aswell
as collective bargaining agreements and other employment contractual obligations, may preclude
a private employer from requiring its employees to be vaccinated against COVID-19, subject to
appropriate exceptions, such as exceptions for medical reasons.
HERBERT H. SLATERY III
Attorney General and Reporter
ANDRÉE SOPHIA BLUMSTEIN
Solicitor General
LAURA T. KIDWELL
Assistant Solicitor General
Requested by:
The Honorable Robin Smith
State Representative
425 Rep. John Lewis Way N.
Cordell Hull Building, Suite 644
Nashville, Tennessee 37243
4
Requested by:
The Honorable Robin Smith
State Representative
425 Rep. John Lewis Way N.
Cordell Hull Building, Suite 644
Nashville, Tennessee 37243