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Americans with Disabilities Act (ADA) Title III Coronavirus/COVID-19

DirectEmployers Association

OFCCP Week In Review: March 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee Chambers and Jennifer Polcer. In today’s edition, they...more

Burr & Forman

Labor & Employment E-Note - August 2021

Burr & Forman on

ADA Title III Website Accessibility Lawsuits On The Rise - The number of Americans with Disabilities Act (“ADA”) Title III lawsuits filed against businesses nationwide continues to increase. In 2020 alone, approximately...more

Jackson Lewis P.C.

DHHS And DOJ Issue Guidance On “Long COVID” As A Disability

Jackson Lewis P.C. on

On July 26, 2021, the U.S. Department of Health and Human Services (DHHS) and the U.S. Department of Justice (DOJ) issued guidance explaining that “long COVID” can be a disability under Titles II and III of the Americans with...more

Morrison & Foerster LLP

A Return To Normalcy? Check Your Local Rules – An Update On Mask Litigation And Guidelines

Nine months ago, we discussed several issues that had been raised by COVID-19 face mask-related litigation. Soon after, COVID-19 infection rates spiked to unprecedented levels. But with the emergency use authorization of...more

Verrill

Public Accommodation Laws and Vaccination Inquiries

Verrill on

Last week, the EEOC provided updated COVID-19 guidance to employers on vaccines and vaccine incentives in the employment realm. One area, however, in which the agencies has been silent is in the public accommodation space and...more

Jackson Lewis P.C.

What Does The CDC’s Latest Mask Guidance Mean For Businesses Open To The Public?

Jackson Lewis P.C. on

The Centers for Disease Control and Prevention’s (CDC) latest guidance that fully vaccinated people no longer need to wear masks or social distance in many settings raises questions for businesses in retail, hospitality and...more

Holland & Knight LLP

Can the Private Sector Prefer Vaccinated Consumers or Exclude the Unvaccinated?

Holland & Knight LLP on

The private sector in the United States has begun asking whether it is lawful to prefer consumers who have received the COVID-19 vaccine over the unvaccinated or to exclude unvaccinated consumers altogether. Consumers include...more

Parker Poe Adams & Bernstein LLP

Nike Settlement Raises Questions for Employee Mask Mandates

Most U.S. employers have implemented some form of employee mask mandate in response to the COVID-19 pandemic. The likely issuance of a federal Occupational Safety and Health Administration emergency COVID-19 safety standard...more

Ballard Spahr LLP

Businesses Now Face ADA Risk Related to COVID-19 Mandatory Employee Mask-Wearing Policies

Ballard Spahr LLP on

A class action lawsuit filed in September 2020 against Nike alleging that its policy requiring retail employees to wear Nike-branded, opaque masks discriminated against deaf and hard of hearing consumers under Title III of...more

Jackson Lewis P.C.

2021: The Year Ahead For Employers

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In 2020, COVID-19 collided with a presidential election, forever altering the workplace as we knew it. In 2021 employers are faced with reimagining the employer/employee relationship while simultaneously trying to keep pace...more

Bricker Graydon LLP

Hospital COVID-19 visitor restrictions must still comply with the ADA

Bricker Graydon LLP on

In the midst of the holiday season, COVID-19 cases and hospitalizations across the country continue to rise rapidly. Although protecting the public from COVID-19 is paramount, policies that restrict visitor access in...more

Seyfarth Shaw LLP

Seyfarth Policy Matters Newsletter - November 2020

Seyfarth Shaw LLP on

Stimulus, Vaccines, and Corona. OH MY! First, The Stimulus.  The status of additional stimulus remains where it has been as we have been tracking it for months, ever since the House passed the HEROES Act: nowhere. While the...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Federal Court Upholds Enforcement of Grocery Store’s Face-Covering Policy Over Customer Claims of Disability Discrimination

A Pennsylvania district court delivered good news for retailers struggling to balance enforcement of their face mask policies against the rights of customers who assert that their disabilities (or other factors) excuse them...more

Rumberger | Kirk

Remain Mindful Of ADA Mask Policies

Rumberger | Kirk on

Protecting customers and employees during the COVID-19 pandemic is now, more than ever, a top concern for retail businesses. Many retailers have instituted mandatory face mask policies pursuant to federal and state...more

Jackson Lewis P.C.

Handling Retail Customers Who Refuse To Wear A Mask

Jackson Lewis P.C. on

Many jurisdictions require individuals to wear face coverings in public spaces, including in retail businesses, because of the COVID-19 pandemic. But some customers have been refusing to comply. How should a retail business...more

Goulston & Storrs PC

Avoiding Coronavirus Discrimination Claims in Retail and Hospitality

Goulston & Storrs PC on

 On the 30th anniversary of its passage, the Americans with Disabilities Act (ADA) deserves recognition for its continued viability and adaptability in response to contemporary problems and technological change. As the retail...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

A ‘Get Out of Masking Free’ Card Based on the ADA?

It should come as no surprise that the masking debate continues to heat up. In the past week, news outlets and social media platforms have been abuzz about face mask exemption cards....more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Guidance Clarifies Uniform California Rule for Treatment of Disabled Customers Who Cannot Wear Face Coverings

The California Department of Public Health’s newly issued “Guidance for the Use of Face Coverings” replaces a patchwork of county and municipal standards with a statewide standard mandating face coverings in businesses and...more

Searcy Denney Scarola Barnhart & Shipley

United States Judicial Panel on Multidistrict Litigation: March Recap and May Meeting Overview

The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for May 28, 2020. In light of the Covid pandemic, all oral arguments are scheduled to be completed virtually by...more

McAfee & Taft

Pandemic-fueled increase in online activity likely to give rise to website accessibility lawsuits

McAfee & Taft on

With the COVID-19 outbreak forcing most people to either shelter in place or severely limit their outside activities, people everywhere are online more than ever. As a result, website accessibility lawsuits under the...more

Seyfarth Shaw LLP

Mask Policies Put Businesses Between A Rock And A Hard Place

Seyfarth Shaw LLP on

Several weeks ago, we blogged about mask objectors presenting businesses with documents bearing the U.S. Department of Justice seal stating that they are not required to wear masks because of their disability. ...more

Epstein Becker & Green

No Mask, No Service? ADA Considerations for Business Owners Requiring Face Masks in Retail Stores

Epstein Becker & Green on

As numerous jurisdictions now mandate citizens wear face masks in public, many retailers have begun requiring customers to cover their faces as a safety measure to mitigate against the spread of COVID-19 among employees and...more

Seyfarth Shaw LLP

Reopening Businesses Face Customer Pushback on Mask Requirements Under ADA

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Seyfarth Synopsis: Reopening businesses must quickly prepare for customers claiming the ADA exempts them from face mask requirements. ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Title III Coronavirus FAQs: Tips for Addressing Common ADA Title III Issues During the COVID-19 Pandemic

While many traditional places of public accommodation, such as theaters, stadiums, restaurants, amusement parks, and retail stores, have shut down their operations in response to “shelter in place” and “social distancing”...more

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