Partner Carrie Hoffman was quoted in a Verify article, “Yes, businesses can require unvaccinated customers to wear masks even if there are no mandates,” about mask-wearing requirements in the wake of the CDC’s new guidance.
Hoffman said businesses can require customers who are vaccinated or unvaccinated to wear masks even if there are no mandates. “Realistically, they will need to either (1) have some way to verify that customers are vaccinated or (2) require all customers to wear masks,” she said.
Businesses also need to consider the Americans with Disabilities Act (ADA) when enforcing mask rules, she added. “Businesses open to the public must provide accommodations to individuals with disabilities,” she said. “That does not have to be an exemption from a mask mandate – they could use a face shield or provide curbside pickup.”