El Cajon, CA asked in Employment Law and Native American Law for California

Q: Can my employer force me to wear a mask and threaten termination if I have a medical condition?

1 Lawyer Answer
Neil Pedersen
Neil Pedersen
  • Westminster, CA
  • Licensed in California

A: Your employer can require you to wear a mask. If you have a medical note indicating that you cannot wear a mask due to a medical condition, that does not mean you get to take the mask off and work like you did before the pandemic. Rather, the employer as the obligation at that time to determine if there is a way to accommodate your restriction without creating an undue hardship on it. That might be work from home, or separation from others in the workplace, or a face-shield requirement. If you can be accommodated in a way that allows you to continue to perform the essential functions of your job and does not create an undue hardship, then the employer would have an obligation provide that accommodation. If you cannot be accommodated in a way that would allow you to perform the essential functions of your job and without an undue hardship, then the employer can leave you on unpaid leave for a reasonable period of time, and terminate you if your condition does not improve.

Good luck to you.

Maya L. Serkova agrees with this answer

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