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CDC: To mask or unmask? That is the question

July 2021 employment law letter
Authors: 
Jo Ellen Whitney, Dentons Davis Brown PC

The U.S. Centers for Disease Control and Prevention’s (CDC) newest recommendations, allowing people vaccinated for COVID-19 to stop wearing masks in many situations, raise numerous questions for employers. They include how to know if your employees are vaccinated and when to respect the wishes of those who want to stay masked.

CDC recommendations

Some of the CDC’s communications during the coronavirus pandemic have been difficult to understand or apply in practical circumstances, and there’s no Rosetta Stone to decipher their meaning. Additionally, the agency’s recommendations seem to change rapidly and frequently conflict with what state governments or others are saying.

The CDC’s most recent guidance lessened the safety restrictions for those who have been vaccinated against COVID-19. The move was partly an attempt to get more Americans to line up for the shots, as the country’s vaccination efforts appeared to have hit a plateau.

Caveat: The CDC’s new guidelines currently don’t mesh with the Occupational Safety and Health Administration’s (OSHA) more stringent rules. The CDC’s changed recommendations also may be in conflict with federal orders regarding masking of federal employees and on federal property. Different rules also may exist for certain heavily regulated industries, such as health care.

The longevity of the CDC’s new guidance will depend very much on whether another COVID-19 spike occurs as well as the transmission rates in your county or state. Just like everything else we’ve done over the past year with respect to the virus, the rules are never set in stone.

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