GREATER PHILADELPHIA CHAMBER OF COMMERCE: Member Perspective: Samantha Bononno

By Press release submission

Aug 13, 2020

Greater Philadelphia Chamber of Commerce issued the following announcement on Aug. 12

What legal considerations regarding safety orders should employers keep in mind when asking their staff to return to onsite operations?

Employers must comply with myriad safety requirements when returning their employees to the workplace. One of the most common—and a source of many questions—is the requirement that employees wear masks. As Pennsylvania employers know, all employees are required to wear masks at the workplace. But wrinkles arise, for example:

What if an employee refuses to wear a mask based on a medical condition?

Pennsylvania’s mask mandate provides exceptions, one of which is for individuals who cannot wear a mask due to medical reasons. If an employee states that this is true for them, the employer should engage in the interactive process to determine if there is a reasonable accommodation that would allow the employee to perform the essential functions of the job. In so doing, employers must be careful not to grant any accommodation that poses an undue hardship or a direct threat to employee health. Possible accommodations include reassigning employees to places where they are not near other employees, wearing a face shield, or working from home if the employee can perform all their essential functions remotely.

If a medical condition prevents an employee from wearing a mask, can their employer require medical documentation in order to engage in the interactive process?

Pennsylvania’s mask mandate further provides that individuals are not required to provide documentation that an exception applies.

However, it is likely that this exception is meant to protect employees against violating the mask mandate if a medical condition prevents them from complying, not to prohibit an employer from requesting documentation in order to find a reasonable accommodation pursuant to the American with Disabilities Act (ADA).

Employers should therefore treat a request not to wear a mask based on a medical condition as they do any other request for accommodation under the ADA (i.e., go through the same interactive process). As with any accommodation analysis, the approach is individualized and employers should reach out to their employment counsel for assistance as necessary.

Original source can be found here.