Covid workplace safety at the Supreme Court became a story at the end of January, and not just because of the Courts’ decision to strike down President Biden’s vax or mask mandate for large private employers. Nina Totenberg, NPR’s Supreme Court Correspondent, published a story stating that Chief Justice Roberts asked the justices to wear masks during oral arguments due to Omicron, only Justice Gorsuch attended without a mask. Justice Sotomayor, who is seated next to Justice Gorsuch on the bench, has been participating in oral arguments by phone from her office. Justice Sotomayor’s type 1 diabetes makes her high risk for serious illness or death if she contracts Covid. Justice Sotomayor also told People Magazine she wears a mask to protect others, "It's a part of me that has grown up understanding that we have affirmative obligations to take care of ourselves as human beings. Good health doesn't just happen. It's a conscious choice."
This is a scene that has been playing out across workplaces in America, and is poised to happen more frequently as Covid variants continue to change risk analysis for individuals before official guidance is changed. Employees who need reasonable accommodations due to their own medical conditions can request those accommodations, which may include working remotely. Like Justice Sotomayor, even employees who receive their requested accommodations may find themselves separated from their co-workers. Most employees do not even have the protections Justice Sotomayor enjoys as a lifelong appointee to the court. Justice Sotomayor is permitted to work from her office without fear of termination or demotion. Many employees do not receive their requested accommodations, and may lose their job for asking.
The unusual reaction from the Supreme Court, which released two statements on the story -- one from Chief Justice Roberts and a separate joint statement from Justices Sotomayor and Gorsuch -- indicates the Court’s discomfort in appearing to disrespect a colleague. We’d love to see more open discussions about reasonable accommodations in the workplace, but the topic is, in all likelihood, still in its nascent stage, especially as it pertains to Covid.
Employees: Contact Berke-Weiss Law if you have questions about requesting reasonable accommodations
