Congresswoman Claudia Tenney Introduces Bill to Protect Workers from Vaccine Mandates

Washington, DC – Congresswoman Claudia Tenney (NY-22) today introduced the Employment Freedom for All Act, which would annul non-compete agreements between workers who are fired for not receiving a COVID-19 vaccine and their employers. Joining Tenney to introduce this legislation are Reps. Jody Hice (GA-10), Brian Mast (FL-18) Tracey Mann (KS-01), Louie Gohmert (TX-01), William Timmons (SC-04), Mary Miller (IL-15), and Brett Guthrie (KY-02).

In September, President Joe Biden announced he was instructing the federal government to impose a mandatory vaccine requirement on US businesses with 100 or more employees or require weekly testing for those who remain unvaccinated. Following that announcement, Congresswoman Tenney and Congressman Jim Banks introduced the Health Freedom for All Act that would prevent the Administration from enacting the mandate. 

Approximately 32 million Americans, or one in five employees, are bound by non-compete agreements. Many of these Americans are being forced into the vaccine mandate with zero regard by the Biden Administration or their employers for their individual choice or circumstances. These non-compete agreements pose a serious challenge for individuals who are released from their job and hoping to find meaningful work elsewhere. This bill ensures that American workers fired for not receiving the vaccine are not then prevented by non-compete agreements from securing gainful employment elsewhere.  

“Our nation is at a turning point, and we have the power right now to decide if we will sink or swim in the days ahead. We face significant supply chain disruptions and employee shortages in virtually every industry, and vaccine mandates will push us further under. It doesn’t have to be this way, which is why I’m introducing the Employment Freedom for All Act as a companion to my Health Freedom for All Act," said Congresswoman Tenney. "Forcing Americans into unemployment is the absolute wrong move. It would be unconscionable to prevent Americans who are fired from securing employment elsewhere. I will never stop fighting for workers and the individual liberties that are being sabotaged.”

Congressman Hice stated, “American workers should never have to choose between their job or a vaccine. Millions of American workers will face job loss over the COVID-19 vaccine mandate, but many of them are unfortunately bound to tight non-compete clauses. If terminated, these people will be held in workers’ purgatory – they won’t be able to earn a living, and they can’t find a new job. How are they expected to put food on their table? This is unacceptable!”

“While Americans suffer from the supply chain and inflation crises Joe Biden created, he apparently thinks forcing Americans to stick a needle in their arms is the solution. Big government mandates won’t fix these issues, and the American people won’t accept this unconstitutional power grab," said Congressman Mast.

“Americans are being forced to choose between their paycheck or their principles and then losing the ability to find another job when choosing the latter,” said Congressman Mann. “At a time when our country is facing a supply chain crises and massive labor shortages, we cannot afford to have workers sidelined due to overreaching vaccine mandates. The Employment Freedom for All Act removes employment restrictions on workers fired because of vaccine mandates and allows for more competition in the marketplace.”

“The Employment Freedom for All Act is a good idea. When a company can fire an individual for refusing to take a vaccination because of what are supposed to be Constitutionally protected religious beliefs, or because the individual knows that he or she is biologically more at risk for death or disability from a vaccination, or because the employer refuses to accept legitimate science that makes clear natural immunity from having had COVID-19 is better than a vaccination, then such unfairness at a minimum should result in the voiding of any non-competition employment provision," said Congressman Gohmert.

“The Biden Administration is forcing Americans to choose between their job and a vaccine. That is not right. The COVID-19 vaccine should be a choice made between an individual and their doctor, and should one lose their job based on their medical decision, they should not be further punished by non-compete agreements. I am proud to join Rep. Tenney to introduce the Employment Freedom For All Act and help hardworking Americans find gainful employment elsewhere," said Congressman Timmons.

“The Employment Freedom for All Act would help an employee who has been terminated because of their COVID-19 vaccine status by annulling non-compete agreements between that worker and their employer. I strongly believe that if an employee loses their job due to a vaccine mandate, they should not be prohibited by their former employer from finding good employment elsewhere. I wish this bill was not necessary. I believe the vaccine is safe and effective, but it is unfortunate that President Biden has chosen the path of government control and fear to vaccinate Americans,” said Congressman Guthrie.

Employment Freedom for All Act Background: 

• Requires the Federal Trade Commission (FTC) to issue regulations within 60 days to prohibit an employer from enforcing a non-compete for a worker fired for not receiving a COVID-19 vaccine
• Makes the violation of the bill a violation of the Section 5 of the Federal Trade Commission Act
• Provides the FTC and State Attorneys General with authorities to enforce the non-applicability of the non-compete agreements under the Act

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