In a recent interview with Inc. magazine, labor and employment attorney Ken Gray shared his insights on how a proposed law to ban masks in North Carolina could affect employers.
The law aims to outlaw masks in public, even for health reasons. So, does that mean employees can't wear masks at work? Ken explains:
While this Bill, if passed into law, may affect individual employees, it will be up to each private employer in North Carolina as to how much it chooses to have the prohibition on face coverings enforced within its premises. A private employer can allow its employees to wear masks while at work on the employer's private property.
Ken also addressed the interplay between a mask ban and the Americans with Disabilities Act (ADA). He says:
If an employee can present a doctor's note indicating that the employee should be allowed to wear a surgical face mace while at work, the employer should grant that request. Otherwise, it could face a disability discrimination charge in which it will be difficult to prove why granting the employee's request is such an undue hardship on the employer. If the employee has any type of respiratory condition, the employee would likely prevail in a charge with the EEOC.
You can read the full article, "North Carolina Wants to Make a Big Change to Its Mask Rules. What It Might Mean for You," here to get more insights from Ken on the legal and practical implications of banning masks in public spaces.
