[NABS-L] Follow up to Last Week's Legislative Alert

[Justin Salisbury]

Dear Student Leaders,

We’ve had a few questions about the specific effects the SAFE TO WORK Act (S. 4317) would have on the protections of the Americans with Disabilities Act of 1990. As the bill is written, the provisions of the ADA itself would not change, but employers and owners/operators of places of public accommodation would be protected from penalties if accessibility barriers were put in place as an effort to combat the spread of the coronavirus. This liability protection would last for a period of approximately five years, beginning December 1, 2019 and ending on October 1, 2024.

The SAFE TO WORK Act Section 181(a)(1) includes "Title I of the Americans with Disabilities Act of 1990 (42 U.S.C. 12111 et seq.)" as part of the definition of "covered Federal employment law." Section 181 (a)(2) states that "in any action, proceeding, or investigation resulting from or related to an actual, alleged, feared, or potential for exposure to coronavirus, or a change in working conditions caused by a law, rule, declaration, or order related to coronavirus, an employer shall not be subject to any enforcement proceeding or liability under any provision of a covered Federal employment law."

Section 181(b) would extend that same limitation of liability to places of public accommodation. 181(b)(1)(B) includes "title III of the Americans with Disabilities Act of 1990 (42 U.S.C. 12181 et seq.)" in its definition of "covered public accommodation law." Section 181(b)(2)(A) states, "during any public health emergency period, no person who owns, leases (or leases to), or operates a place of public accommodation shall be liable under, or found in violation of, any covered public accommodation law for any action or measure taken regarding coronavirus and that place of public accommodation."

We hope this clarifies exactly what language would affect blind Americans, and what we are asking Congress to remove from the bill.

Please be in touch with any questions. Jeff Kaloc JKaloc at nfb.org<mailto:JKaloc at nfb.org> is our point person at our national office on this issue.

Stay well,

Justin


Justin Mark Hideaki Salisbury
he/him/his

Second Vice President | National Association of Blind Students
   A proud division of the National Federation of the Blind
(808) 797-8606
president at alumni.ecu.edu | www.nabslink.org<http://www.nabslink.org/>

If you need help with a current accessibility barrier in school, visit: https://docs.google.com/forms/d/e/1FAIpQLSeXoK5sWCpBjvAu4EMOANUufEoJPyUlu4QeJnMB6pIdeohmsg/viewform

If you have a story about an accessibility barrier you faced in higher education, please tell your story here: https://docs.google.com/forms/d/e/1FAIpQLSf68TacBetKMAHZcMhGJLmYgeWDIjjpSm9Sz1OUwYKxzsIEAg/viewform?vc=0&c=0&w=1