Q: My question is concerning the effects on a 64 year old woman from wearing a mask at a full time job.
I’ve been wearing the required mask at work since March 2020. We were informed it is now a requirement for employment. I do not work in the general public. I’ve reported to my manager of having a sore scratchy throat, & congestion, but now it’s a burning in my chest with trouble breathing during & after wearing. This sensation comes and goes.
I Have also spoken with HR. It has not been suggested to take off the mask, but instead to go to the doctor. I am not sick, but am having side effects from wearing the mask. Last Dec-Jan I was very sick and pretty sure it was the virus. Do I have any recourse or do I just have to wear the mask? Can my employer force me to go to the doctor now? I appreciate any help, as I am very stressed out by this and will probably retire earlier than planned. Thank you so much.
A: I'm sorry for your situation. You should go to the doctor and you should get tested. There is no clear evidence that reinfection is not possible. You described symptoms that your employer may believe warrants a test for the virus. You do not have to go to the doctor, but your employer may prohibit you from coming back to work if you don't go. Yes, your employer can require a mask to come to work. If you believe you have a mask disability, you will need to prove it with more than your statement. You will need a doctor to verify and attest to it. Whether this will rise to the level of disability under the Americans with Disabilities Act (ADA) is open to debate. If you have a disability, you and your employer are supposed to engage in a conversation about a reasonable accommodation. You should ask your employer if a face shield would be acceptable. You could also try a different type of mask. However, the employer does not need to negotiate with your nor accommodate you unless this is deemed a true disability.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
