Disability Rights Texas Handout
Publication Code: EM15
This handout can be made available in Braille or audio file upon request.
COVID-19 and Mask Policies at Work
During the pandemic, employers have different policies about wearing masks. A lot of people with disabilities have a higher risk for serious illness if they get COVID-19. For them, requiring masks may be very important. For others, wearing a mask may be hard because of a disability.
This handout is not about state and local laws that require distancing and masks. Instead, we are answering some of the questions we receive about disability laws like the Americans with Disabilities Act (ADA), and how they apply to mask policies in the workplace.
- Can employers require their employees to wear masks? Generally, yes. This is also recommended by OSHA and the CDC, depending on the risks in a particular job or workplace.
- My employer does not have a mask policy, or does not enforce it. If I have a disability, can I ask for a mask requirement as a reasonable accommodation? If your disability is a “risk factor” for COVID-19, you may be entitled to a reasonable workplace accommodation. That could include a mask policy for you and people who have contact with you. But other things may also be appropriate, like those suggested in No. 4 below.
- I have a disability that prevents me from wearing a mask, or makes wearing one difficult. Do I have a right to enter my workplace without a mask? Generally no, not if your employer requires a mask. That is because you may be putting yourself and others at risk. Instead, you should talk with your supervisor or Human Resources staff to come up with alternatives. See Question 4 below for some examples.
- If my employer will not let me in without a mask, but I can’t wear one, what are some other things I could ask for? There may be other things that could lower the risk of infection. You should talk to your employer about them. Possibilities might include teleworking, providing an office with a door that closes, moving your work area away from others, providing a portable filtration system, adjusting schedules to avoid unnecessary interactions, etc.
- If I cannot wear a mask, how do I ask for accommodations from my employer? You might start by looking at your employer’s handbook or policies on asking for an accommodation. Your request does not need to be in writing, or use a special form. But it often helps to use your employer’s own form for requesting an accommodation, if they have one. In your request, tell your employer what disability you have, what help or accommodations you need, and why.
- I can wear a mask myself, but I am deaf or hard-of-hearing, and need to be able to read a person’s lips or facial expressions. How can I communicate with co-workers? The National Association of the Deaf suggests writing notes back and forth, or using smartphone apps like BIG (iOS), Big Word (Android), and Cardzilla (iOS, Android). Other options may include asking others to use a clear mask or a face shields. Even if you normally use in-person interpreters, in some cases you might agree to try interacting remotely via Relay, or if in the same location, agreeing to video remote interpreter (VRI) services.
- If I ask for an accommodation, can my employer ask me for documentation to prove my disability or my inability to use a mask? Generally, yes. But your employer should only ask questions that will help them understand your disability and how to accommodate it. If your disability and limitations are obvious, or already known to the employer, it may not need any further information. If the employer does not already know about your disability or your needs, it can ask for something from your own healthcare provider that is specific to you, your disability, and your needs.
- I found a card online from the Department of Justice (DOJ) that says I do not have to wear a mask. Is that card good enough to show my employer? No. That card is not from the DOJ, and it is a fake.
For more information about asking for accommodations, or your rights in the workplace, please see Employment Rights for Everyone During COVID-19 Handout.
Statewide Intake: 1-800-252-9108
Sign Language Video Phone: 1-866-362-2851
Purple 2 Video Phone: 512-271-9391
Online Intake available 24/7: intake.DRTx.org
Disclaimer: Disability Rights Texas strives to update its materials on an annual basis, and this handout is based upon the law at the time it was written. The law changes frequently and is subject to various interpretations by different courts. Future changes in the law may make some information in this handout inaccurate.
These handouts are not intended to, and do not replace an attorney’s advice or assistance based on your particular situation.