COVID-vaccinated employees are asking employers if they can stop wearing masks at work. This begs the question – Can employers modify their mask policy only for vaccinated employees while requiring nonvaccinated employees to continue wearing them?
The answer to this question appears to be addressed in the following blog by Holland & Hart LLP:
The Centers for Disease Control and Prevention (CDC) has recently issued guidance stating that fully vaccinated people in non-healthcare settings can resume usual activities without masking or physical distancing, except where required by state or local regulation.
Under recent Equal Employment Opportunity Commission (EEOC) guidance, employers can require employees to provide documentation of vaccination status, permitting that the employer confirms which employees are able to remove their masks while continuing to comply with CDC guidance.
Employers can and should continue to require nonvaccinated employees to wear masks, maintain appropriate distance from coworkers and customers, and follow other COVID policies and procedures. Of course, employers should follow state and local health orders when stricter than CDC guidance.
Reference: Holland & Hart LLP