Responding to AZ's competing mask mandates, new COVID-19 liability shield law

Arizona employers have been struggling with various mask mandates issued by different government officials and the conflicting obligations they present. In addition, the Arizona Legislature recently passed Senate Bill (SB) 1377 (generally referred to as the “COVID-19 Liability Shield Law”), offering civil immunity from coronavirus lawsuits for certain covered and qualified businesses. Read on for some guidance on how to respond to the wide variety of rules and restrictions.

Competing interests

Does SB 1377 mean employers now have carte blanche in deciding how to address COVID-19 in the workplace? Unfortunately, disregarding mask recommendations can create conflicts among employees, customers, and vendors, and blind adherence to the new law could lead to other compliance issues.

With respect to masks, while some employees and customers are simply frustrated with wearing them, others still have concerns about exposing themselves and family members to COVID-19, particularly if they have underlying health issues or are otherwise compromised. Also, some of you are finding that vendors or third parties with whom you do business have different requirements than you do when it comes to performing work with or for that vendor.

3 things to consider

Clearly, there are no simple answers when it comes to dealing with the mask mandates as well as the impact of the new COVID-19 qualified immunity law. Nevertheless, here’s a list of considerations that might help to guide your discussions and decisions: