Is there a reason a person might not be able to wear a face mask?
The CDC states that a person who has trouble breathing, is unconscious, incapacitated, or otherwise unable to remove the face mask without assistance should not wear a face mask or cloth face covering.[6]
Examples of a person with a disability who might not be able to wear a face mask
- Individuals with respiratory disabilities such as asthma, chronic obstructive pulmonary disease (COPD), or cystic fibrosis may not be able to wear a face mask because of difficulty in or impaired breathing. People with respiratory disabilities should consult their own medical professional for advice about using face masks. The CDC also states that anyone who has trouble breathing should not wear a face mask.[7]
- People with post-traumatic stress disorder (PTSD), severe anxiety, or claustrophobia (an abnormal fear of being in enclosed or narrow places),[8] may feel afraid or terrified when wearing a face mask. These individuals may not be able to stay calm or function when wearing a face mask.
- Some people with autism are sensitive to touch and texture. [9] Covering the nose and mouth with fabric can cause sensory overload, feelings of panic, and extreme anxiety.
- A person who has cerebral palsy may have difficulty moving the small muscles in the hands, wrists, or fingers. Due to their limited mobility, they may not be able to tie the strings or put the elastic loops of a face mask over the ears. This means that the individual may not be able to put on or remove a face mask without assistance.
- A person who uses mouth control devices such as a sip and puff to operate a wheelchair or assistive technology, or uses their mouth or tongue to use assistive ventilators will be unable to wear a mask.
If a person with a disability is unable to wear a face mask, do I still have to allow them in my business or government agency?
Many state and local governments have either recommended or issued executive orders requiring people to use face masks in public. Private businesses have also developed policies requiring the use of face masks. The ADA does not have any rules that address the required use of face masks by state and local governments or private business owners.
If a person with a disability is not able to wear a face mask, state and local government agencies and private businesses must consider reasonable modifications to a face mask policy so that the person with the disability can participate in, or benefit from, the programs offered or goods and services that are provided. A reasonable modification means changing policies, practices, and procedures, if needed, to provide goods, services, facilities, privileges, advantages, or accommodations to an individual with a disability.[10] The requirement to modify a policy, practice, or procedure does not include individuals without disabilities, as they are not protected under the ADA.
Examples of reasonable modifications to a face mask policy
- Allow a person to wear a scarf, loose face covering, or full face shield instead of a face mask;
- Allow customers to order online with curbside pick-up or no contact delivery in a timely manner;
- Allow customers to order by phone with curb-side pick-up or no contact delivery in a timely manner;
- Allow a person to wait in a car for an appointment and enter the building when called or texted; or
- Offer appointments by telephone or video calls.
How should I respond to a request for a reasonable modification to the face mask policy?
The U.S. Department of Justice issued two settlement agreements that provide guidance on the reasonable modification decision-making process.[23][24]
- Choose at least one person, and a back-up, who are authorized to receive and review requests for reasonable modifications. The decision-maker for a state or local government agency is the head of the public agency or their designee.[25]
- After receiving a request for a reasonable modification, talk with the individual with a disability to learn why the person needs to modify the face mask policy and to find a solution that meets ADA requirements. Decisions about reasonable modifications should be made in a timely manner.
- After the discussion, the government agency or private business may:
1 Agree to the request.
In most cases, businesses such as department stores, grocery stores, and pharmacies or government agencies such as the courthouse or drivers’ services, will be able to agree to the request without medical documentation.
2 Request medical documentation about the person’s disability that is narrowly tailored and is absolutely necessary to:
Verify that the individual meets the ADA definition of disability (i.e., has a physical or mental impairment that substantially limits one or more major life activities); or
Describe the needed modification; or
Show the relationship between the individual's disability and the need for the requested modification.
At this time, the U.S. Department of Justice or other federal agencies with enforcement authority have not provided guidance about whether a store can or cannot ask for medical documentation about a person’s inability to wear a mask due to a disability. Generally, guidance from the U.S. Department of Justice has not allowed asking for documentation for accommodations at businesses where you would have a brief interaction, such as grocery stores or pharmacies. A person with a disability typically does not carry disability documentation with them every place they visit. There are some places such as medical offices or hospitals that may need the medical documentation because a person who is not wearing a mask may infect other people who are sick.
3 Deny the request. If a request for modification is denied, a state or local government agency or private business is encouraged to provide a written statement as to why the request was denied and provide a copy to the person with a disability, and keep a copy on file.
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[–] 24581076? [S] 0 points 2 points 2 points (+2|-0) ago (edited ago)
I am disabled, I 'earned' those disabilities fighting wars I didn't really believe in because politicians you elected forced me to. I would like to breath and think clearly thank you very much, and NO I'm not going to be miserable just to make you feel better about yourself.
Now, I get yelled and screamed at by minimum wage employees who ignore medical exemptions because they think I'm being a 'smart ass' and lying about my disabilities. I already have enough problems with my service dog being accused as being fake.
"just wear the fucking mask"
God damn it NO
it is MY fucking health, vs your 'fear'
The next time you or I are asked not to enter a store without a mask we need to follow the guidelines and ask them to provide a denial of entry because of medical conditions in writing for the legal teams.