Employees Cannot Wear Face Covering Due to Medical Condition?

If an employee has medical reasons why he/she cannot wear a face mask or other covering, this would trigger the employer’s obligation to engage in the Americans with Disabilities Act (ADA) interactive process. During this process, the employer may send the employee home pending completion of the process. As part of this process, the employer may request additional information and medical documentation from the employee verifying the existence of the medical restriction of being unable to wear a face mask or covering.

After receiving the additional information and medical documentation from the employee, the employer must evaluate whether the employee requires a reasonable accommodation, and if so, what reasonable accommodation(s) may be effective under the circumstances. For example, if the employee provides a legitimate medical reason for not being able to wear a face covering, reasonable accommodations could include:

• Providing an unpaid leave of absence until face masks/coverings are no longer required at work;
• Allowing the employee to telework; or
• Providing an alternative face covering that does not violate his/her medical restrictions.

In cases that have addressed an employer’s requirement that employees wear PPE over an employee’s objection based on a disability, courts have ruled it is not an ADA violation for an employer to require an employee to wear PPE to address a safety hazard as part of an essential function of the job/position for safety reasons.

It should be noted that any unpaid leave of absence based upon the employee’s inability to wear a face covering would likely not be protected by the Families First Coronavirus Response Act (FFCRA) and so the employee likely would not be eligible for Emergency Paid Sick Leave for that time off. However, that is something that should be reviewed carefully, as they may qualify under certain circumstances. Likewise, there may be collective bargaining implications with respect to whether the leave is paid or unpaid.

If you have questions, please do not hesitate to contact us.