Over the course of the pandemic, many employers converted to remote work for a large majority of their organization, while others were forced rethink the way they conduct operations due to the need to be onsite for their employees.  Now that over 40% of the US population has been vaccinated, restrictions have lessened and updated guidance from the CDC has been released stating that masks are no longer necessary for fully-vaccinated individuals.  Whether you’ve been working in person through the pandemic or are transitioning back to in-person work, you’re likely in a position where you’re navigating potential solutions to one main question: to mask or not to mask.  

The good news is that you have many options and you can choose the approach that best fits your organization.  No matter the industry, 100% of our clients agree that they DO NOT want to become mask police. 

By far, the most common approach is to publish the CDC’s guidance and enable employees to determine for themselves whether the employee should be wearing a mask based on their own circumstances and vaccination status.  However, the EEOC has stated that employers may ask employees whether they have been vaccinated along with proof of vaccination or even mandate that employees must be vaccinated in order to return to the office.  Employers need to consider the administrative challenges with this approach including who, what, and how this process will be managed.

You MAY NOT ask employees why they are not vaccinated. Be sure to train leaders on this now, to get in front of any potential issues that could escalate into a legal issue. 

Be warned that businesses who provide the direction to their workforce stating that non-vaccinated employees must continue to wear a mask, while vaccinated employees will not be required to wear a mask could hit a pretty big snag.  I would strongly discourage you from going in this direction.  It causes employers to play the role of “mask police” and introduces an entirely new layer of potential employee relations issues, including claims of discrimination and retaliation.  

If this article finds you considering what next looks like for your organization in regards to the continued updates and guidance from OSHA and the CDC, we’d love to help.  Reach us at hello@seekinghr.com.