COVID-19 Policies and Procedures
Is your business prepared to handle COVID-19 and the issues it presents?
Coronavirus has...
*This article was written in collaboration with attorney John Rabil of Launch.
Virginia business owners probably have a considerable amount of leeway when determining what their policy on masks will be. The CDC has provided evidence for the efficacy of mask wearing to prevent the spread of COVID-19. The governor has required that masks be worn by individuals inside most businesses, with some exceptions, most notably you aren’t required to wear a mask if you have a health condition that causes difficulty breathing. That order was geared towards individuals and not necessarily business and, so far, does not appear to have been enforced, but as a result many businesses decided to enact policies requiring masks be worn by customers or clients.
Generally, a business would have the authority to enforce any internal policy implemented requiring masks by simply refusing service to a customer or client who refuses to wear a mask, and asking them to either put one on or leave the premises. While this may upset some customers, there is very little that could be done from a customer standpoint. A business would be within its rights to refuse service to anyone not following policy. In terms of potential customers or clients claiming to have a health condition, the most common pushback they are likely to give a business is that a policy requiring masks would be a violation of the Americans with Disabilities Act (ADA). It’s highly unlikely that a business enforcing a mandatory mask policy for customers or clients would be a violation of the ADA; the ADA would require that a business provide a reasonable accommodation to a guest so long as the accommodation does not create an unreasonable risk of harm or danger to other guests or the business employees. For customers who are unable to wear masks, many businesses are providing curbside pick-up options that accommodate the needs of a customer.
Moreover, despite the claims made by a woman in a California Trader Joe’s, the likelihood of a doctor telling a patient to not wear a mask in light of Coronavirus is slim to none. In fact, MPWRSource’s very own CGO, Tiffany Joy Greene, has severe asthma and life-threatening allergies. Breathing even with a mask for an extended period of time can be difficult for her. Even so, what does her doctor suggest she do when going outside during pollen season or for any outing amidst the pandemic? She is to wear a mask not put herself in a situation where she needs to wear a mask for an extended period of time.
A business would have a duty to both its employees and other clients and customers, which would outweigh any reasonable accommodation requirements under the ADA and allow a business to enforce a mask policy even against customers or clients with a health condition.
So what is a business to do?
Five Ways To Encourage Mask Wearing in Your Business
Make your signage very clear
Have clear messaging in your marketing and in-store signage.
Some of the signs I have seen on local businesses are small and hard to read. Make your signage easy to understand and visible. In all your communications, clearly state the rules of your business’s policy to avoid confusion. Make sure your policies are clear for patrons before they enter your place of business. If you are a physician and are able to pre-screen patients prior to appointments, remind patients of your policies in those calls and communications.
Give masks away for free
I recently needed to purchase new jeans. (Thanks a lot quarantine…) While I was wearing my own mask, I noticed that the store had a bowl of disposable masks ready for patrons by their front door. This makes it easy for your customers. Make sure also that your employees are setting the example of wearing their masks as well. It will be harder to enforce your company policies if your own employees are non-compliant.
Support employees who must enforce rules
This can be a really stressful time for employees. We’ve all seen the videos of adults throwing toddler style temper tantrums in stores when asked to wear a mask and comply with the policy. It’s important for employees to know they are supported when they have to stand their ground against customers, whom we know can be abrasive and confrontational at times.
Find ways to deliver products and services to customers without contact
The best kind of physical interaction today is very little physical interaction. No matter how frustrated and impatient we are, we can’t outsmart COVID. This is the reality of modern life, and if we accept this new reality, we’ll conquer COVID faster. That said, digital transformation is a great solution for many businesses that are struggling to continue to provide the products and services they did prior to COVID. Telehealth, curbside pick-up and e-commerce are great options to reduce in-person contact and comply with social distancing measures.
Fire some of your customers
We may say that the customer is always right, but we know that is, in fact, not always true. While you may ruffle some feather and lose some money in the short-term, by supporting your employees and your customers that obey the rules, you will create a sustainable business in the long-term, and show your support for the community. You will build trust and that trust will reap dividends in the long run.
Enforcing your company policies and the laws of the Commonwealth may make for some uncomfortable conversations, but if we place the overall safety of our employees and fellow citizens as a priority, we will weather the Coronavirus storm and reach the other side faster.