COVID-19

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By Eden Anderson

Seyfarth Synopsis: The DOJ issued guidance on two COVID-era access issues, confirming outdoor business operations must comply with the ADA and prohibiting medical providers from adopting blanket bans on companion accompaniment.

The Department of Justice (DOJ) recently updated its Common Questions About COVID and the ADA (“Common Questions”) to include information on issues of interest to businesses…
Continue Reading DOJ Updates Its COVID-19 and ADA FAQs with Information About “Streateries” and Medical Facilities’ Visitor Policies

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By Kristina M. Launey

Seyfarth Synopsis: On October 18, the DFEH issued Guidance which expressly approves denial of entry to individuals who cannot show a negative COVID test or proof of vaccination, refuse to have their temperature taken or respond to COVID-19 symptom screening questions, subject to providing reasonable accommodations to customers with disabilities.

In the latest COVID-related quandary, businesses…
Continue Reading COVID Confusion Clarity: California DFEH Issues Guidance for Businesses Confronting Vaccination and Testing Exemption Requests

By Minh N. Vu

Seyfarth Synopsis: The Biden DOJ Civil Rights Division has been much more active than its predecessor in enforcing Title III of the ADA and supporting plaintiffs in pending litigation.

As we predicted in January, the Civil Rights Division at the Department of Justice (DOJ) under the Biden Administration has been very busy.  In the nine months…
Continue Reading Biden Department of Justice Steps up ADA Title III Enforcement

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By: John W. Egan

Seyfarth Synopsis: In navigating the contentious issue of COVID-19 passports, businesses need to be aware of their obligations to make reasonable modifications to their policies, practices and procedures applicable to patrons with disabilities.

New York City recently announced that it would require COVID-19 vaccination passports for many indoor activities. Conversely, some jurisdictions such as Florida and…
Continue Reading Businesses Face Uncertain Landscape in Navigating COVID-19 Vaccination Passports for Customers

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By Minh N. Vu and John W. Egan

Seyfarth Synopsis: Reopening businesses need to carefully consider how social distancing and other Covid-19 mitigation measures will impact customers with disabilities and be prepared to make adjustments.

Covid-19 has had a profound impact on the ways in which we use (or, more accurately, avoid) public accommodations spaces in recent months.  As…
Continue Reading Reopening Businesses Face Thorny Customer-Facing ADA Issues

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Seyfarth Synopsis: The U.S. Health and Human Services Department Office for Civil Rights issued a bulletin reminding healthcare and other entities receiving federal funds that their anti-discrimination obligations under Section 1557 and the Rehabilitation Act remain in place in this time of COVID-19 emergency.

By Kristina M. Launey and Minh N. Vu

In this unprecedented time of COVID-19 emergency, there…
Continue Reading HHS Bulletin Warns COVID-19 Resource Rationing May Constitute Unlawful Disability Discrimination