June 1 Tip of the Week

One question we’ve been asked many times by our clients is can my company require employees to wear facemasks on the worksite?  What about our customers or clients?  The answer is yes, with exceptions to both. 

For your employees, mandating proper wearing of facemasks is a highly recommended component of a strong return to work strategy.  However, it is possible that an employee could have an underlying disability causing an inability or severe difficulty in wearing a facemask.  If that is the case, employers should explore possible accommodations for their employee through the Americans with Disabilities Act (“ADA”) interactive process. 

For your customers or clients who come onto your premises, you can adopt a blanket requirement that anyone coming onto your property must wear an appropriate face covering.  If a customer/client states that they cannot wear a mask for a medical reason, you are very limited in the amount of information you can request to justify an exception to your mask requirement.  You may only ask whether the customer/client is unable to wear a mask because of a disability.  If the customer/client says yes, then look into other ways that the customer/client can access your services safely perhaps by allowing curbside pickup or ensuring the customer/client strictly adheres to social distancing guidelines.

Before COVID-19, our attorneys were already advising clients on the ADA on a daily basis.  However, questions regarding the ADA have skyrocketed and for good reason. Make sure you consult with our attorneys to help you make sense of the ADA and all that is requires!