Issue link: https://read.uberflip.com/i/1313524
Under these circumstances, businesses have a good faith basis to not accommodate an unmasked member of the public— although, no-contact shopping alternatives should be considered and communicated to the customer where a disability is involved. However, businesses should always be careful to align themselves with applicable state and local government requirements as they can change from state to state, and city to city. Preventing Workplace Violence Under the Occupational Health and Safety Act, employers have a duty to provide a safe workplace for employees. Businesses should consider the impact threatening customer encounters on their premises could have on the safety of their employees and custom- ers, as well as business operations. Some practical steps businesses can take include the following: 1. Make signage abundant and clear and provide no-contact service delivery where possible. The CDC recommends using ver- bal announcements, signs and visual cues to promote social distancing and safety initia- tives even before customers enter the building. Businesses also can provide remote shopping alternatives. Many businesses use humor to communicate the necessary message (the internet provides many examples). Another approach is to focus on employee safety and the mandate on the company to provide a safe work environ- ment (i.e., "We want our associates to remain healthy and available to provide you the customer service you deserve, so please wear your mask."). 2. When possible, give masks away for free. When a customer attempts to enter a business without a mask on, the business can offer one. This may defuse the situation if the person simply forgot their mask and feel frustrated they need to return home or their car to retrieve a mask before entering. 3. Assign the right person(s) to com- municate the message. Staff have different skill sets; some are charming and disarming, while others are whizzes with numbers but have a gruff demeanor. The more pleasant the approach with non-compliant custom- ers, the more likely of gaining compliance. Instead of being demanding with a customer who refuses to wear a mask, try a softer approach (e.g., "Wow, you must be having a tough day today. This whole COVID-19 sit- uation has been hard on all of us. How can I convince you we all just want to get through the day healthy and ready for tomorrow?"). It may not always work, but this is about minimizing the issues when possible. Takeaway The U.S. Marine Corps has a slogan: "Improvise, Adapt, and Overcome." If there was a slogan for busi- ness in 2020, it is hard to think of one better suited. Businesses can plan and prepare their responses to customers who refuse to follow mask requirements, as well as any confrontations that may cause. J H. Bernard Tisdale and Joshua R. Adams are attorneys for the labor and employment law firm Jackson Lewis P.C. This material is provided for informational purposes only. It is not intended to constitute legal advice. This article has been lightly edited for size and content. 34 / NOVEMBER.DECEMBER.2020 USICERINKS.COM // Customers Refuse to Wear a Mask THE CDC RECOMMENDS USING VERBAL ANNOUNCEMENTS, SIGNS AND VISUAL CUES TO PROMOTE SOCIAL DISTANCING AND SAFETY INITIATIVES EVEN BEFORE CUSTOMERS ENTER THE BUILDING. , Well-placed signage, visual displays and verbal announcements serve as a subtle reminder for customers to follow safety protocols. UNMASKED PLEASE STAND AT LEAST APART 6FT PHOTOS/ILLUSTRATIONS: BIGSTOCK PHOTO