On May 13, 2021, the Centers for Disease Control and Prevention (CDC) announced that Americans who have been fully vaccinated against COVID-19 no longer need to wear a face covering or practice social distancing in any setting. The CDC defines people as fully vaccinated two weeks after the second dose of the Pfizer-BioNTech or Moderna vaccines or two weeks after the single-dose Johnson & Johnson (Janssen) vaccine.
While this is welcome news for the steadily growing number of Americans who have received the COVID-19 vaccine, the CDC’s announcement poses some obvious challenges for employers. The CDC cautions that its announcement does not supersede “federal, state, local, tribal or territorial laws, rules, and regulations, including local business and workplace guidance.” Currently, numerous states, counties, and cities still have mask mandates and social distancing restrictions in place for workplaces. While many jurisdictions will likely ease their COVID-19 safety protocols in response to the CDC’s announcement, this process will take time.
In addition, employers are still awaiting the long-promised OSHA COVID-19 workplace safety requirements, which will likely address face coverings at work.
Further, it is unknown whether the EEOC will deem it discrimination to allow vaccinated employees to work mask-less, while requiring unvaccinated workers to wear face coverings throughout the workday. Many unvaccinated individuals have refused the COVID-19 vaccine due to medical or religious reasons.
Finally, while authorized COVID-19 vaccines are now widely available in the United States, most workforces are far from being fully vaccinated. Some employees don’t want the vaccine for personal reasons, or have taken a “wait and see” approach regarding whether they will get the COVID-19 vaccine in the future. Moreover, numerous proposed bills have been introduced (but not passed) in state legislatures prohibiting employers from mandating the vaccine.
Do you have questions regarding face covering or social distancing requirements in your workplace? Don’t worry—we are here to help!
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