Since the onset of the pandemic in March 2020, employers have been grappling with an ever-changing landscape of federal and state mandates and recommendations. The situation is further complicated by varying opinions about how the pandemic should be handled as well as the efficacy or safety of the vaccines.\u00a0 Employers are facing an unprecedented clash between ensuring their workplaces are as safe as reasonably possible while imposing mandates upon employees who feel that mandates have gone too far and infringe upon employee privacy rights and personal freedoms. This article seeks to dispel some of the confusion about the current state of employer efforts to combat the pandemic while balancing employee privacy concerns.<\/p>\n
To Mask or Not to Mask, that is the Question. <\/strong>\u00a0With certain exception for high-risk areas such as healthcare settings and public transportation, all mandatory mask, social distancing and other safety measures imposed by Governor Murphy were lifted in early July 2021 for both vaccinated and unvaccinated individuals.\u00a0 The CDC also lifted its mask recommendation for outdoor and indoor public spaces for all persons who were unvaccinated.<\/p>\n However, by mid-July the CDC and the Governor reversed course in response to the uptick in cases of the Delta variant. The CDC recommended that all individuals in counties with \u201csubstantial or high\u201d transmission rate should mask up in indoor places, regardless of their vaccination status.\u00a0 In late July Governor Murphy followed suit, \u201cstrongly recommending\u201d that the CDC guidelines be followed in crowded indoor settings where the vaccination status of individuals is unknown or there is an immunocompromised person.<\/p>\n