In Texas, as in many U.S. states, the question of whether a worker can be fired for having COVID-19 involves a mix of federal protections and state rules. Texas is largely an at-will employment state, meaning employers can terminate for many reasons not illegal by law. However, certain circumstances tied to a COVID-19 diagnosis—such as disability status, need for medical leave, or retaliation for requesting accommodations—may trigger federal protections or specific laws. This article explains what can and cannot lead to termination, and what rights employees may have if they face discipline or termination related to COVID-19.
Understanding At-Will Employment and COVID-19
Most Texas employees are at-will, which means an employer can terminate employment for a wide range of reasons, including performance issues, business restructuring, or even non-discriminatory reasons. However, terminations cannot violate federal or state anti-discrimination laws or retaliate against an employee for legally protected activities. When a COVID-19 diagnosis intersects with these protections, legal concerns may arise.
Federal Protections That May Apply
Two key federal frameworks often intersect with COVID-19 cases in the workplace:
- Americans with Disabilities Act (ADA) and Rehabilitation Act – If COVID-19 qualifies as a disability because it substantially limits one or more major life activities, an employee may be entitled to reasonable accommodations (such as modified duties or remote work), unless the accommodation causes undue hardship for the employer. Terminating someone for having a disability or for requesting accommodations can be unlawful discrimination.
- Family and Medical Leave Act (FMLA) and related protections – For employers with 50+ employees, eligible employees may take unpaid, job-protected leave for serious health conditions, including severe COVID-19 illness. Employers must maintain health benefits during FMLA leave, and employees must be reinstated to their same or equivalent position after leave.
Other federal laws may come into play if the COVID-19 status intersects with pregnancy, age, race, or other protected characteristics. Retaliation for exercising rights under these laws can itself be unlawful.
Texas-Specific Considerations
Texas does not have a broad statewide paid sick leave mandate. Employers may set their own sick leave and COVID-19 safety policies, as long as they comply with federal law. Key Texas considerations include:
- Employer safety policies – Employers can require employees who test positive for COVID-19 to isolate or stay home to protect coworkers and customers, provided accommodations or paid leave options are considered where applicable.
- Reinforcement of at-will basics – Termination based on a positive COVID-19 test, absence due to illness, or related safety concerns may be lawful if not tied to a protected characteristic or protected activity.
- Disability and accommodation nuance – If COVID-19 leads to a disabling condition, Texas employers must consider reasonable accommodations under the ADA and applicable federal guidelines, unless doing so would impose an undue hardship.
Texas workers should be mindful that state law generally defers to federal protections for disability, family leave, and retaliation. Employers may also rely on safety reasons to request absence or medical documentation, provided such requests are consistent and non-discriminatory.
What Counts as Protected Conduct or Status?
Protection generally covers:
- Receiving medical treatment or requesting reasonable accommodations for a COVID-19-related disability
- Taking legally protected leave (FMLA) for COVID-19 illness or caregiving
- Raising health and safety concerns without retaliation
- Engaging in protected activities such as reporting unsafe working conditions
Actions that are not protected include violations of workplace policies unrelated to disability or health, or termination for legitimate business reasons that are not connected to a protected status or activity.
What to Do If You’re Faced With Termination Or Discipline
- Document everything – Save emails, notes from supervisors, medical documentation, and any communications about leave or accommodation requests.
- Ask for a clear explanation – If terminated or disciplined, request the specific reason and how it relates to company policy and applicable laws.
- Consult your HR department or a supervisor – Seek clarification on accommodations, leave options, and safety policies.
- Consider your legal options – If you believe the action was discriminatory or retaliatory, you may file a complaint with the Equal Employment Opportunity Commission (EEOC) or the Texas Workforce Commission (TWC).
- Apply for unemployment benefits – If termination was not voluntary, check eligibility with the state’s unemployment program.
Remedies and Next Steps
If discrimination or retaliation is suspected, possible remedies include reinstatement, back pay, front pay, and compensatory damages in some cases, depending on the specific law and evidence. Employees should seek legal counsel to evaluate the facts and determine the best course of action. In many instances, internal dispute resolution or mediation can resolve conflicts without litigation.
Practical Tips for Employers and Employees
- Policy clarity – Employers should publish clear policies on COVID-19 testing, isolation, leave, accommodations, and return-to-work procedures.
- Consistency – Apply policies uniformly to avoid claims of discriminatory enforcement.
- Communication – Maintain transparent dialogue about leave options, required medical documentation, and safety standards.
- Documentation – Keep records of all decisions, accommodations offered, and the rationale for any terminations or disciplinary actions.
Key Takeaways
In Texas, having COVID-19 does not automatically mean termination. However, terminations tied to a disability, a need for leave under FMLA, or retaliation for protected activities may violate federal law. Employees should understand their rights under the ADA, FMLA, and EEOC guidelines, and consider consulting legal counsel if they face potential unlawful termination. Employers should implement consistent, well-documented policies that comply with federal protections while safeguarding workplace safety.