In my second video with David Barron, a partner in the Labor and Employment practice at Cozen O'Connor, we discuss if recent face mask guidelines will create a division and tension within the workplace. We discuss the following points:

  • Can employers require an employee to disclose if they have been vaccinated for COVID19?
  • What happens when a group of employees decide to wear face masks and others employees refuse to wear a face mask?
  • Even if a face mask mandate is lifted, can employers still require employees to wear a mask and can employers offer a 'face mask optional policy' for vaccinated workers and non-vaccinated in the workplace?

The tough question to resolve is this: Do we want to have two classes of employees in the same office? A group with masks and a group without masks? And how do you enforce a separate rule in a way that does not create division in the workplace, along with anxiety and drama?