Bridgeport, CT asked in Employment Law for New York

Q: I started a new job and found out everyone in department has had covid19. To protect myself I wear masks

started a new job and found out everyone in department has had covid19. To protect myself I wear surgical masks my supervisor called me to her office to tell me she's not comfortable with me wearing a mask. In my interview i was told They practice all cdc guidelines which i found out is a lie. Supervisor is creating hostile work environment ridiculing bullying me

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1 Lawyer Answer
V. Jonas Urba
V. Jonas Urba
Answered
  • New York, NY
  • Licensed in New York

A: Sorry to read that.

Most of us continue to wear masks because the studies show that masks protect other people from contracting any disease which we ourselves might carry unknowingly. I myself also feel better breathing through a mask although I know that if someone near me is not wearing one I can still contract the virus through my eyes from them.

Think of your dentist or surgeon. They wear masks not because they are protecting themselves from us. They wear masks to protect us from them.

I am guessing that maybe not everyone at your workplace has contracted COVID. They might be saying that they have knowing that you are rightfully concerned. They might think it's funny.

But until a person has contracted a serious virus as I did 24 years ago they have no clue. At that time I ran a high fever with dry heaves for 3 weeks. The doctors did not even know what I had or that it was viral. It was not until 2 months later that my antibody blood work confirmed what I had. But I will never forget the sheer terror in my doctors' eyes watching me suffer. They could not mask the thoughts conveyed through their eyes. "I hope he makes it." I don't ever want to suffer like that again for 3 weeks. Nor do I wish that on anyone else. I will keep wearing my mask indefinitely.

Maybe you should ask your supervisor why masks are not mandatory for everyone. Then you might want to consider a new employer which cares about employees' health and welfare.

I don't believe that OSHA has issued any definite guidelines on masks yet. I believe the CDC recommends them. I know the EEOC allows employers to test everyone daily and to implement safety measures with rare exceptions for employees with legitimate accommodation requests. You may want to Google EEOC guidelines for COVID testing. Their website is pretty good. If you work in Connecticut, where I am not licensed, check with your DOL for good cause to quit before doing so. New York employers must provide reasonably safe workplaces. Call your state DOL before you quit or you may not qualify for unemployment if you don't have another job lined up. If you or your family have documented medical conditions or live with vulnerable persons that would bolster your argument for good cause to leave; at least in New York. But there is no guarantee of UI benefit approval.

My guess is that you may need to look for a new job now. Employers who do not understand disease or illness prevention and how much is unknown in medicine are probably not ones you want to keep working for.

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