Updates On COVID-19 Mitigation Measures

There have been two recent updates on COVID-19 mitigation measures that all
employers should note.

The CDC Eliminates COVID-19 Isolation Guidelines

The CDC archived its web-based guidance on COVID-19 isolation procedures for non-
healthcare settings. Because COVID-19 now closely resembles other respiratory illnesses, the CDC has now published unified Respiratory Virus Guidance designed to bring a unified practical approach to prevention of COVID-19, RSV, and the flu. Previous COVID-19 guidance recommended a minimum isolation period of 5 days plus additional post-isolation precautions. Under the unified Respiratory Virus Guidance, people are recommended to stay home and away from others until at least 24 hours after their symptoms improve and they are fever-free without using fever-reducing medication. Additional steps are recommended after the stay-at-home period, including taking steps for cleaner air, enhancing hygiene practices, wearing a well-fitting mask, keeping a distance from others, and/or getting tested for respiratory viruses to lower the chance of spread.

The CDC continues to maintain separate COVID-19 guidance of healthcare settings.
Additional information on the unified Respiratory Virus Guidance is available online at the
following website: https://www.cdc.gov/respiratory-viruses/guidance/faq.html

Third Circuit Rules Refusal to Wear a Face Mask Not Protected by First Amendment

In Falcone v. Dickstein, the United States Court of Appeals for the Third Circuit ruled that
refusing to wear a face mask is not protected by the First Amendment. In Falcone, two
parents chose to express their opposition to school mask mandates by refusing to wear
masks to school board meetings, claiming their refusal to wear a mask was politically
protected free speech.

The Court noted that in order for an individual’s expressive conduct to be protected under
the First Amendment, the individual must: (1) intend to convey a particularized message
and (2) there must be a high likelihood that the message will be understood by those who
view it. The Court concluded that it is unlikely a reasonable observer would understand
an individual’s political message simply from seeing that person unmasked at a school
board meeting. Unlike a form of expression like a flag burning, wearing a medical mask
– or refusing to do so – is not the type of thing someone typically does as a form of
symbolism. As such, refusing to wear a mask is not a constitutionally protected right
under the First Amendment.

If you have any questions about how either of these legal updates may impact your
organization, please do not hesitate to contact us. Thank you.

This Client Alert provides a general overview of new legal developments. It is not intended to
provide legal advice. If you have any questions or would like more information about how these
developments may affect your business, please contact us at (570) 341-8800.