The fast food chain told employees in five states they need a doctor's note to wear a mask at work
The debate over covid masks has reignited, courtesy of In-N-Out Burger. The fast food chain issued a guidance telling workers in five states—Texas, Arizona, Colorado, Nevada, and Utah–will be banned from wearing masks starting Aug. 14, unless they provide a doctor’s note. According to the memo, which first leaked on Twitter $TWTR last week, failure to comply will lead to disciplinary action, including termination.
The California-based company said the guidance was being introduced to “emphasize the importance of customer service and the ability to show our Associates’ smiles and other facial features,” in a bid to foster “clear and effective communication.”
It’s not the first time In-N-Out took a stance against measures meant to curb the spread of covid-19. In the past, the company also refused to enforce vaccine mandates, calling it an act of policing and coercion. Now, it’s In-N-Out employees in the five US states affected by the company’s guidance that see their preferences severely curtailed. The guidance also states that, even when an employee submits a doctor’s note, their choice is limited to company-provided N95 masks, despite the existence of masks with transparent panels that could abate the concerns over employees’ smiles and effective communication.
The current advice from the Centers for Disease Control and Prevention (CDC) states that “people may choose to mask at any time.” Workers in California and Oregon still have the option of masking up to protect themselves from covid-19, other airborne diseases, or unbreathable air from the raging Canadian wildfires thanks to state laws that prevent a mask ban.
Requiring a doctor’s note is also a burden in terms of time and money. Many people don’t have a primary care physician or one who is readily available. And requiring proof of a disability might be considered a violation of the Americans with Disability Act, depending on how one interprets masking as a request for accommodation. —Infectious diseases specialist Judy Stone, in a piece for Forbes on July 17
In-N-Out, which has raised eyebrows for printing Bible verses on its cups and wrappers since the ‘80s and donating big bucks to the Republican Party, has appeared most conservative in its reaction to the pandemic. It has been in a constant state of tug-of-war with its home state of California over the implementation of covid rules.
In October 2021, In-N-Out’s only San Francisco officials outlet was forced to shut down after it flouted a local mandate requiring all restaurants to check the vaccine cards of indoor diners. Then, another Northern California store was fined hundreds of dollars for the same reason. Soon after, the chain chose to close its five locations in the nearby Contra Costa County instead of complying with the law.
It’s not so easy to ban masks on its home turf, though. The California Occupational Safety and Health of California (OSHA) regulations explicitly state, “No employer shall prevent any employees from wearing a face covering, including a respirator, unless it would create a safety hazard.”
However, a recent California Supreme Court ruling that employers can’t be held legally liable for preventing the spread of covid-19 may have inspired In-N-Out to enforce a ban in other states.
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