Answers to employers' FAQs about face masks at work

After the Centers for Disease Control and Prevention (CDC) recently reduced its mask requirements for people fully vaccinated from COVID-19, we've seen a significant uptick in the number of employers calling us with questions about possible changes to their own mask and vaccination policies. Here are answers to a few of the more frequently asked questions.

You asked, we answered

Can I require my employees to be vaccinated? Yes, provided you offer accommodations to those who, based on health or religious beliefs, will not be vaccinated.

Can I ask employees whether they are vaccinated? Yes. Keep in mind the answers to your question should be treated as confidential medical information. Don't ask employees why they have or have not been vaccinated.

Can I ask for proof an employee has received a COVID-19 vaccination? Yes. Again, treat the evidence as confidential medical information.

Can I treat vaccinated employees differently from nonvaccinated employees? For purposes of mask wearing and social distancing requirements, yes, so long as the differences are consistent with CDC or other health agency advisories.

Despite the CDC's new guidance, can I choose to enforce more stringent mask and social distancing requirements in my workplace? Yes. From a best-practices standpoint, you will want to explain why the circumstances of your business and workplace call for such an approach. Certain employers, such as those in the healthcare industry, may be subject to face mask and other safety requirements specific to their industry.

Final thoughts