Facemasks at Work- Yes!

Facemask Information

Facemasks 😷

We have gotten a lot of calls about whether your employer can require you to wear one. The short answer is YES with a few minor exceptions under the ADA (if you have a health condition where you need an accommodation for the requirement) or possibly Title VII (due to a sincerely held religious belief which does not include your run of the mill contrariness, either). Some people also appear to be under the misapprehension that state and federal constitutions must be changed to require a mask and that is the only way to enforce the requirement in public or the workplace. Nope, not correct either. If you refuse to mask up, unless you fall within a narrow exception, your employer will likely have a legitimate reason to terminate you if you don't. So, mask up if your employer requires it. When a vaccine becomes available, the same analysis will likely hold true if/when employers require it, although we suspect there will be more of an accommodation issue under the ADA than with facemasks. Be safe, think of others.