Behind the mask: reevaluating safety policies for COVID-19-vaccinated employees

Q We have COVID-vaccinated employees asking if they can stop wearing masks at work. Can we modify our mask policy only for vaccinated employees while requiring nonvaccinated employees to continue wearing them?

The Centers for Disease Control and Prevention (CDC) has recently issued guidance stating that fully vaccinated people in non-healthcare settings can resume usual activities without masking or physical distancing, except where required by state or local regulation.

Under recent Equal Employment Opportunity Commission (EEOC) guidance, you can require employees to provide documentation of vaccination status, permitting you to confirm which employees are able to remove their masks while continuing to comply with CDC guidance.

You can and should continue to require nonvaccinated employees to wear masks, maintain appropriate distance from coworkers and customers, and follow other COVID policies and procedures. Of course, you should follow state and local health orders when stricter than CDC guidance.

Brad Cave is an attorney with Holland & Hart LLP in Cheyenne, Wyoming. You can reach him at bcave@hollandhart.com.