Mask at work

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Mask at work

My employer is requiring me to wear a mask at work due to not getting the flu shot for religious reason. They asked me extensive questions about my religion and why I will be rejecting the flu shot. Are they able to force me to wear a mask when my religion is why I am choosing to not get the flu shot? It is a community based position where I will be at coffee shops, schools, office, etc. and I will have to wear it all 40 hours of work.

Asked on October 31, 2019 under Employment Labor Law, Indiana

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Being required to wear a mask has nothing to do with your religious objections to getting a flu shot. It has evertythng to do with your not getting the shot itself. In other words, it's not the reason, it's the result. In order to protect your fellow co-workers and others, you can be required to take precautions such as wearing a mask while working your schedued shift. The fact is that most employment relationships are "at will". This means that an employer can set the conditions of work much as they see fit, absent some kind of legally actionable discrimination (which does not appear to apply to your situation).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Being required to wear a mask has nothing to do with your religious objections to getting a flu shot. It has evertythng to do with your not getting the shot itself. In other words, it's not the reason, it's the result. In order to protect your fellow co-workers and others, you can be required to take precautions such as wearing a mask while working your schedued shift. The fact is that most employment relationships are "at will". This means that an employer can set the conditions of work much as they see fit, absent some kind of legally actionable discrimination (which does not appear to apply to your situation). 


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