In a number of recent decisions, provincial human rights
tribunals have confirmed that complaints of discrimination related
to mandatory masking by-laws or policies will not be entertained
unless they are objectively linked to a protected ground. Employers
can take comfort in these recent decisions, knowing that human
rights protections do not extend to masking objections based solely
on personal preference or opinion.
COVID-19 Mandatory Masking Requirements
In response to the COVID-19 pandemic, many governmental bodies
and other organizations have implemented mandatory masking
requirements to help prevent the spread of COVID-19. Even prior to
governmental involvement, many employers and businesses adopted
mandatory masking requirements to minimize the risk of COVID-19
transmission.