[NFBV-Announce] SAFE TO WORK Act Follow Up

[Sarah Patnaude]

>  
> 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."
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> We hope this clarifies exactly what language would affect blind Americans, and what we are asking Congress to remove from the bill.
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> Thanks for all you do,
> Kyle
>  
> Kyle Walls
> Research and Regulatory Specialist
> 200 East Wells Street, Baltimore, MD 21230
> 410-659-9314, extension 2223 | kwalls at nfb.org
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> 
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> The National Federation of the Blind is a community of members and friends who believe in the hopes and dreams of the nation’s blind. Every day we work together to help blind people live the lives they want.
>  
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