What if you can’t wear a mask?
Effective August 13, 2021, Governor Brown announced that masks are required indoors where COVID-19 spreads more easily in order to control the spread of the Delta variant.
Employees with a disability or a medical condition that prevents them from wearing a face covering should inform their employer that they cannot safely wear a face covering.
Employer Accommodation Requirements
Oregon employers have a duty to respond to a request for a reasonable accommodation for a disability or medical condition in a meaningful, interactive way. While an employer may require documentation of the disability or medical condition, an interactive process could be as simple as a productive conversation to identify what changes would allow the employee to keep working. Unless it creates an undue hardship, employers must provide a reasonable accommodation for an employee with a known disability or medical condition.
Reasonable Accommodations for Employees
Regarding a continued policy requiring face coverings, a number of accommodations might permit an employee to continue to do their job. Reasonable accommodations must be specifically tailored to the essential functions of the job and the accommodation needs of the employee.
Examples of reasonable accommodations include:
Use of an alternate face covering. Face coverings are not limited to masks. A cloth face covering or a face shield (a clear plastic shield that covers the forehead, extends below the chin, and wraps around the sides of the face) may accommodate the limitations of a specific disability or medical condition and continue to provide infection control depending on the workplace.
Remote work or work in areas of the facility away from the public may also be options.
Questions about Reasonable Accommodations
Employees (or even applicants) who are denied a request for reasonable accommodation should contact BOLI’s Civil Rights Division at 971-673-0764; 711 (TTY) or crdemail@boli.state.or.us.