How businesses can enforce masks and comply with Michigan disability laws

Friday, Gov. Gretchen Whitmer strengthened her mask mandate, which requires individuals to wear masks in indoor public spaces and crowded outdoor places. The revised order says businesses cannot assume an individual who is not wearing a mask is unable to medically tolerate one. 

In response, the Michigan Department of Civil Rights issued guidance for Michigan businesses on how to enforce this while complying with state disability laws. This can be done by:

• Provide anyone who does not wear a face covering, for whatever reason, an alternative to shopping in the store, like carryout service or curbside pickup.
• Talk with the individual and determine if, due to a disability, they are unable to wear one. The business can provide accommodation, like a face shield or carryout service. 
• Allow entry to anyone who says they cannot medically tolerate a face covering, and excluding those whose reasons are not covered in the executive order.

RELATED: Whitmer strengthens mask mandate, says businesses can't assume exceptions

The Department of Civil Rights said in a press release, "It is important to remember that under the ADA, if a reasonable accommodation for a person with a disability is available, the business must provide one."

Businesses are also required, under the executive order, to post signage about masks, enforce the face covering requirement and accommodate exceptions for those who have medical issues that bar them from wearing a mask. 

"Michigan businesses are facing unprecedented challenges in providing essential goods and services while protecting the health and well-being of both their employees and their customers,” said Mary Engelman, Interim Director of the Michigan Department of Civil Rights. “This guidance is designed to give business owners a simple decision matrix to help them remain in compliance with the Executive Order and all applicable civil rights laws.”

More stories on 13 ON YOUR SIDE:

• Coronavirus under control in 8 weeks if everyone wears masks, CDC director says
• Not wearing a mask can be a $500 fine, but police focus on education first
• Michiganders required to wear masks in indoor public spaces or face $500 fine, Whitmer order says

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