b'2021 Associate News The SHIELD smUpcoming 2022 WPMAEXPO Presidential Sponsor & Educational Session Presenter for Business OwnersQuestion ofQuarterMASKS in the Workplace- What is Acceptable?QUESTION Typically to effectively meet its objective of When wearing masks in the workplace, what isprohibiting certain controversial messaging deemed inappropriate? Some employees areon attire, including face masks, the employer using their masks to show their affiliation for ormay find that only an all or none approach will against political or social causes (i.e. #BLM, Backensure that all employees are treated fairly and to Blue, or Make America Great Again, etc.). Howin a non-discriminatory manner. Indeed employ-can the employer differentiate how to determineees may come to the workplace possessing any what is acceptable and what is not acceptable? number of views, opinions, beliefs or practices related to politics, religion or other sensitive or Answer controversial topics, some or all of which may Outside of any messages on masks that are ha- be different from those of their coworkers. The rassing, threatening, or unlawfully discriminatoryemployer would do well to take steps to ensure (i.e., based upon any protected characteristicsthat employees do not use company premises or such as race, sex, color, religion, age, etc.), whatwork hours to espouse ANY such opinions and is appropriate or inappropriate for the work- viewpoints (even if through their attire), par-place is largely determined by the employer.ticularly if offensive or disruptive, and to instead For example, if the employer wishes to prohibitfocus only on their work and objective work-theemployees from wearing #BLM, Back to Blue, orrelated discussion when they are there.Make America Great Again masks (note that anTo this end, as noted, the employer is within its employer is not required to do this), it must thenrights to revise its dress code policy to specifi-uniformly and consistently apply a clear rule oncally reference face masks and other articles what types of masks are permitted in the work- of clothing that may include direct or indirect The Question of the Monthplace, to all employees, and which would likelymessaging. We recommend having local counsel is provided by Enquiron, ainclude prohibiting employees from wearing anyreview or draft any revised policy on this topic to company wholly indepen- masks (you may wish to also include attire gener- ensure it meets your objectives while remaining dent from Federated Insur- ally) that conveys messages on matters employ- compliant with applicable law (within our format ance. Federated provides itsees care about, or perhaps prohibiting any attirewe are unable to draft or review documents). clients access to this informa-tion through the Federatedthat conveys a message whether it contain text,Should the employer seek to restrict employees Employment Practices Net- a picture, or a symbol. Admittedly this can get afrom wearing any articles of clothing, masks work with the understandingbit tricky given that certain categorizations canincluded, that espouse a message or endorse a that neither Federated nor itsbe broad and general, which in turn can createpolitical candidate, social movement, religious employees provide legal or employment advice. As such,discrimination risk. Of course, as noted above,group, etc., but allow messaging in other cases, Federated does not warrantthe employer need not permit any attire thatthis can be potentially problematic given the the accuracy, adequacy, orcontains harassing, profane, discriminatory, orvariability. Indeed if one employee shows up completeness of the informa- threatening messages. However, if the employerwith a different cause or interest represented on tion herein. This information may be subject to restrictionswere to restrict employees from wearing ana face mask or other attire, and some number and regulation in your state.article of clothing that includes certain politicalof employees have been allowed to wear attire Consult with your own quali- statements, social messages or other beliefs,supporting other messages, then generally this fied legal counsel regard- opinions, etc., this can be a slippery slope. Asneeds to be tolerated (though certainly not if ing your specific facts and circumstances. an example, would a shirt or mask displayingthere were to be a profane, discriminatory, or a peace symbol constitute a social or politicalthreatening message worn).Published Date:belief and thus be banned? continued on page 56January 12, 2021\x07 \x07 US President #22 Grover ClevelandUS President #20 US President #21James A. Garfield Chester A. Arthur Public officers are the servants and agents of the people, to execute the Be fit for more than the thing you are now The wisdom of our fathers, foreseeinglaws which the people have made, and within the limits of a constitution doing. Let everyone know that you have aeven the most dire possibilities, madewhich they have established.reserve in yourself, that you have moresure that the Government should never(51) PT:We may, I think, reduce to quite simple elements the duty power than you are now using. If you arenot too large for the place you occupy, be imperiled because of the uncertainty of 1881-1885 which public servants owe, by constantly bearing in mind (50)you are too small for it. human life. Men may die, but the fabricsthat they are put in place to protect the rights of the people, PT: Source: Elements of Success, as published in President1881-1881 Garfield and education: Hiram college memorial (1882), of our free institutions remain unshaken. to answer their needs as they arise, and to expend for their(48) PT: Source: Address Upon Assuming the Office of the President (September 22, 1881). compiled by B. A. Hinsdale, p. 327 The speech was given in response to James A. Garfields assassination when Chesterbenefit the money drawn from them by taxation. 1885-1889Arthur assumed the role of President. Source: Letter accepting the nomination for governor of New YorkWPMA News / Spring 2021(October 1882), as quoted in The Presidents of the United States 1789-1894, published in 1895 (pp. 470). 33'