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

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

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

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