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Human Resources

H.R. Questions: My employee refuses to wear a mask or a face shield due to a medical condition. What can we do to protect them and the rest of the staff?

Here is what the CDC says about face shields.  https://www.cdc.gov/coronavirus/2019-ncov/prevent-getting-sick/cloth-face-cover-guidance.html

 

CDC does not recommend using face shields or goggles as a substitute for masks. Goggles or other eye protection may be used in addition to a mask. Do NOT put a plastic face shield (or a mask) on newborns or infants.

 

Face shields and goggles are primarily used to protect the eyes of the person wearing it. Goggles do not cover the nose and mouth. Face shields are not as effective at protecting you or the people around you from respiratory droplets. Face shields have large gaps below and alongside the face, where your respiratory droplets may escape and reach others around you and will not protect you from respiratory droplets from others. However, wearing a mask may not be feasible in every situation for some people.

 

You must use the Interactive Process and work with the employee to verify a covered medical condition that restricts them from wearing a mask and then determine if a reasonable accommodation is available. You may need to get a Dr’s input on why the worker cannot wear a shield if you determine this is a reasonable accommodation – even though the CDC advises against shields as mentioned above. https://helpdesksuites.com/interactive-process/

 

Here is a great article from AskJan.org on accommodating people who cannot wear masks https://askjan.org/articles/Masks-for-COVID-19-Management-and-ADA-Accommodations.cfm

 

The bottom line could be termination of employment if there are no suitable accommodations.

 

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Lisa Smith, SPHR, SHRM – SCP
Certified EEO Investigator (EEOC)
Lead Support and Content Chief – HelpDeskforHR.com
“You cannot be audit-proof, but you can Be Audit-Secure.”

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