b'2021 Associate NewsMASKS in the Workplace- What is Acceptable?continued from page 33Employers need to have very clear boundaries in their writtenmatters, then the employer may and should still proceed policies to this effect as to what is and is not prohibited. Aswith enforcing its normal disciplinary policies, ensuring that noted, typically the employer will find that it becomes an allemployees continue to behave in a professional manner dur-or nothing proposition in order to ensure all employees areing work hours and are productive, as they can be subject to a treated fairly and in a non-discriminatory manner. As a bestdisciplinary consequence if they fail to do so.practice, any new or revised policy should make clear thatThe employer additionally has an obligation to ensure that only neutral attire (including masks), void of any messaging orthe workplace is free from discrimination and harassment symbolism, etc. (including as to messages on matters employ- based on protected class status, including race, color, religion, ees care about), is permitted. While a policy prohibiting thegender, national origin, and disability, to name a few. If the espousing of views may engender considerable resentmentemployer becomes aware of workplace misconduct, then it from employees, particularly those who may wish to commu- absolutely should take prompt, remedial action to correct nicate their opinions, beliefs, affiliations, etc. on their apparel,whatever impropriety it knows or discovers to be occurring.as noted, an all or none approach mitigates against potentialUltimately, the employer is arguably within its right to estab-discrimination workplace concerns and ultimately may resultlish a neutral dress code policy that is fair and consistently in fewer morale issues (even if initially some employees resentapplied to all employees. That said, given that such policies it). The employer should ensure that any new policy languagemay be met with employee resentment, as noted the em-is clearly communicated to all personnel, and then uniformlyployer may wish to have local counsel assist with reviewing applied and enforced as to all employees. The policy shouldor drafting such a policy on this topic, to ensure it meets the stipulate the consequences for noncompliance, which shouldemployers objectives while remaining legally compliant.be meted out consistently when infractions occur.Further, if employees come to work and behave unprofes-sionally or argue with each other, including about non-workS56 www.wpma.com /Spring 2021'