As Mask Mandates Lift, Can You Still Require Employees to Mask Up?

Human resources expert weighs in on shifting mask requirements and other COVID changes in the workplace

Face Mask Required?In recent weeks, mask mandates have lifted around the country. It should have been a moment of joy, but for many employers, it’s caused another wave of pandemic-induced stress.

“Employers are really confused right now,” says Rob Wilson, human resources expert and President of Employco USA, a nationwide employment solutions firm. “On the one hand, you have the CDC telling vaccinated Americans they don’t need to wear masks inside anymore. But on the other hand, you have customers and staff who want everyone to keep masking up and following previous pandemic guidelines. No wonder many employers are struggling with how to proceed.”

Complicating the matter is that many employers don’t know if they can mandate or inquire about employees’ vaccination status.

“You’re going to have employees complaining that so-and-so isn’t vaccinated, yet they’re not masking up,” says Wilson. “And you may wonder how you can verify vaccination status without impinging on HIPAA or violating employee privacy.”

Rest assured, however, employers have the right to ask if their staff is vaccinated.

“You can ask about vaccinations, but proceed with caution and limit the inquiry,” says Wilson. “You can ask for vaccination proof (such as a worker’s vaccination card) but if an employee did NOT receive a vaccination, you can’t dig deeper and demand to know why.  There are medical reasons why a person may decide not to get vaccinated, and they have the right not to divulge that in the workplace.”

In addition, says the human resources expert, it’s important to contribute to a culture of trust and mutual respect in the office.

“Communicate to your staff that you’re on top of COVID precautions and that you’re checking vaccination cards to help keep everyone safe,” says Wilson.

And encourage workers to refrain from debating things like masks and vaccinations in the workplace.

“Not everyone sees eye to eye on this issue, and it leads to a lot of heated debates and hurt feelings,” says Wilson. “Try to discourage this type of talk around the water cooler as much as you can. There’s no reason for coworkers to be arguing about vaccines or politics on company time.”

So, once confirming everyone’s vaccination status, should you permit workers to drop the mask?

“It really depends,” says Wilson. “How many of your employees are vaccinated? If you don’t have very many workers who got the jab, then dropping the masks may be premature. The last thing you want is a companywide outbreak. You also need to take into account your industry, your clientele, and the physical setup of your office. If you have plenty of room for physical distance and good ventilation, then permitting employees to remove their masks may feel like a logical and safe choice.”

For more on this topic, please contact Rob Wilson at rwilson@thewilsoncompanies.com.