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While local, state and federal mask polices are ever changing, research shows that the use of high quality masks can limit and slow the spread of diseases, including COVID-19. There are new and challenging questions about how to accommodate people who need masks because of a disability, as well as those for whom wearing a mask is contraindicated due to a disability.
At Work:
Employees and employers have questions about masks and disability-related workplace needs. We turn to JAN, the Job Accommodations Network to get answers to some sticky questions:
Q: If I have a pre-existing condition, can I wear a mask at work as an accommodation?
A: Employees with disabilities are entitled to reasonable accommodation under Title I of the Americans with Disabilities Act, absent undue hardship to the employer. Those with compromised immune systems who may be more vulnerable to infection may need to work with their employer to determine appropriate accommodations. Masks are one option to consider. Whether the employer must allow the use of a mask will depend on the situation. There may be some jobs that are not conducive to mask use. For example, those who spend a great deal of time using the telephone during work may have difficulty wearing a mask as it could impact their ability to speak clearly. If this is the case, the employer must still explore alternative accommodations, such as private workstations, on a case-by-case basis.
Q: I cannot safely wear a mask due to a disability. Can my employer make me wear a mask at work?
A: According to guidance from the Equal Employment Opportunity Commission, employers may be able to insist that employees wear protective gear in light of a pandemic. However, they must consider providing modified or alternative protective gear (absent undue hardship) if needed due to a disability…Where an employee with a disability needs a related reasonable accommodation under the ADA (e.g., non-latex gloves, modified face masks for interpreters or others who communicate with an employee who uses lip reading, or gowns designed for individuals who use wheelchairs), or a religious accommodation under Title VII (such as modified equipment due to religious garb), the employer should discuss the request and provide the modification or an alternative if feasible and not an undue hardship on the operation of the employer's business under the ADA or Title VII.
Read the full post from JAN.
Want more information about Masks and the ADA? Access a short podcast produced by the Mid-Atlantic ADA Center.
At School:
The ADA requires schools to offer all students with disabilities an equal opportunity to benefit from the activities and services at school. It also stipulates that schools cannot discriminate against students with disabilities.
Throughout the pandemic, some states have taken action to prevent local schools from requiring masks, but courts have ruled that such policies might jeopardize the health of a child with disabilities and limit their ability for equal opportunity to participate in, and benefit from school.
In February, 2022, the Eighth Circuit Court of Appeals underscored these basic principles. They affirmed that plaintiffs (in this case, children with disabilities) are entitled to a preliminary injunction; mask requirements. The court found that masks “are reasonable accommodations required by federal disability law (under ADA) to protect the rights of Plaintiffs’ children.”
Days later, the U.S. Department of Education released a letter to parents and educators. The letter emphasized that state and local education agencies are bound by federal law to ensure the inclusion of students with disabilities in the classroom and urged extra precautions, including the wearing of properly fitting face masks.
Read the March 24, 2022 letter.
On Public Transportation:
Perhaps no area of regulation has changed more quickly. For the last two years, federal rules required passengers on on airplanes, trains, busses, and other transportation hubs to wear a face mask. But on April 18, 2022, a US District judge struck down the federal face mask mandate. Her decision had little to do with masks: it was a procedural ruling. She found that the CDC exceeded its authority, and had issued the original rules without getting public comment.
As a result, the Transportation Security Administration (TSA) stopped requiring mask use on public transportation and transportation hubs. But days later, the U.S. Department of Justice filed a notice of appeal in light of the determination by the Centers for Disease Control and Prevention (CDC) that wearing a mask “remains necessary to protect the public health.” Regardless of the requirements, the CDC continues to recommend that people wear masks on public transportation.
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