Enforcing A Mask Mandate in Federal Buildings

On January 20, 2021, President-elect Joe Biden will be sworn in as the 46th President of the United States, and a new administration will assume the operation of the federal government.  With the new administration, there will likely be significant changes directly impacting the lives and jobs of federal employees.

As one clear example of a potential change, President-elect Biden has pledged to sign an executive order on Day One that will require the wearing of masks in all federal buildings in an effort to contain the COVID-19 virus.  Federal agencies have already been dealing with the challenges of increased COVID-19 safety measures in the workplace, including when the IRS began to transition staff back into work in summer 2020.  A universal mask mandate in federal buildings will further complicate return-to-work strategies and interactions with non-federal employees.

If a mask mandate in federal buildings is implemented, federal law enforcement officers must be prepared to enforce the mandate against both federal employees and any non-employee visitors to the federal building.  Federal law enforcement officers should be ready to respond to pushback from those forced to comply with the mandate, likely based on religious or medical grounds.  This could lead to a variety of complaints from both federal employees and the public, including allegations of Constitutional or First Amendment violations or discrimination.  Even if these allegations are ultimately unfounded, federal law enforcement officers may have to endure the cost and mental stress of defending against allegations arising out of simply enforcing an executive order.

However, federal law enforcement officers can protect themselves against unfounded or frivolous allegations with professional liability insurance (PLI).  FEDS Protection’s PLI policy provides $200,000 of legal representation per incident for administrative actions, which include allegations, investigations, disciplinary actions, and proposed removals arising out of the performance of a professional service.  FEDS also provides up to $1 or $2 million in civil liability protection and up to $100,000 for criminal defense costs, all for a premium cost starting at $290 a year.  Federal law enforcement officers are also eligible of a reimbursement up to 50% of the cost of their PLI policy through their agency.  To learn more about how a FEDS PLI policy can provide protection for your career, visit our website or call 866.955.FEDS today.

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