ADA and face mask policies: a step-by-step response

On March 11, the World Health Organization (WHO) declared COVID-19 to be a pandemic. Since that time, several states and local governments have ordered shutdowns and more recently began requiring the use of face masks in public spaces when social distancing isn’t feasible. Because of the government orders, businesses have been left in a half-open/half-closed limbo. In that quandary, one of the big questions businesses ask is, “Can we require an employee to wear a face mask?” The simple answer is “yes” but with a more complicated caveat.

CDC recommends face masks, and Texas eventually follows suit

In early April, the U.S. Centers for Disease Control and Prevention (CDC) switched gears and began recommending that people over the age of two wear a nonmedical, cloth face mask in public when it’s difficult to stay six feet away from another person. That’s in large part because of how the virus spreads. When coronavirus carriers speak, sneeze, cough, yell, or sing, they project saliva droplets into the air that could infect another person. A mask limits the projection of the droplets and reduces the chance of human-to-human spread.

Fast-forward to July—after an ongoing debate with local and city government officials, Governor Greg Abbott issued a statewide mask mandate. Texans living in counties with more than 20 COVID-19 cases must wear a face covering while in a business open to the public whenever social distancing isn’t possible. But the mandate also provides several exceptions, including for people who have a medical condition that prevents them from wearing a mask.