![ADA guidance suggests that businesses consider reasonable modifications to a policy so that a disabled person who is unable to wear a mask can utilize the goods and services. [2] "What the ADA basically mandates is that they have to consider serving the customer in another way. They don’t have to allow entry into the actual store.” Vinh Nguyen, project director, Southwest ADA Center](/uploads/1/3/2/3/132346724/mask3_orig.png)
COVID-19 Fraudulent Mask Exemption Citation Links & Reading
(July 19, 2020) — Major retailers, such as Sam's Club, Walgreens, CVS and Kohl's, are implementing new mask policies nationwide this week, with Target and Kroger rolling out a policy later this month. Here's what you might want to know about mask exemptions in the U.S.
Disclaimer: This is not legal advice, it's a summary of current publicly available information. It is also not a comprehensive guide. Below is the full text and links to citations and additional reading.
Disclaimer: This is not legal advice, it's a summary of current publicly available information. It is also not a comprehensive guide. Below is the full text and links to citations and additional reading.
Fraudulent cards claiming ADA exemption from mask policies are being distributed online. The cards falsely bear the ADA, DOJ or other agency seals and may claim fines for violation. These claims are not endorsed by the Department of Justice. The Department of Justice's June 30, 2020 statement on the issue: “The ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations.” [1]
ADA guidance suggests that businesses consider reasonable modifications to a policy so that a disabled person who is unable to wear a mask can utilize the goods and services. [2] "What the ADA basically mandates is that they have to consider serving the customer in another way. They don’t have to allow entry into the actual store.” Vinh Nguyen, project director, Southwest ADA Center [3]
Reasonable modifications to a face mask policy might include: Wearing a scarf, loose face covering, or full face shield; Shopping for the customer while they wait outside; Ordering online or by phone with curbside pick-up or no contact delivery; Waiting outside for an appointment until called or texted; No-contact appointments or virtual services. [2]
Fraudulent ADA exemption cards are harmful to people with disabilities, many of whom already face skepticism and discrimination for their conditions. Some people have disabilities — such as serious skin conditions, cerebral palsy, or COPD — which can make masks difficult to wear. Consider offering modifications if someone tells you they cannot wear a mask. Treat each other with trust and kindness.
Disclaimer: Created July 19, 2020. This is not legal advice, it is a summary of current publicly available information. Stay up-to-date on these issues as circumstances rapidly change.
Citations:
ADA guidance suggests that businesses consider reasonable modifications to a policy so that a disabled person who is unable to wear a mask can utilize the goods and services. [2] "What the ADA basically mandates is that they have to consider serving the customer in another way. They don’t have to allow entry into the actual store.” Vinh Nguyen, project director, Southwest ADA Center [3]
Reasonable modifications to a face mask policy might include: Wearing a scarf, loose face covering, or full face shield; Shopping for the customer while they wait outside; Ordering online or by phone with curbside pick-up or no contact delivery; Waiting outside for an appointment until called or texted; No-contact appointments or virtual services. [2]
Fraudulent ADA exemption cards are harmful to people with disabilities, many of whom already face skepticism and discrimination for their conditions. Some people have disabilities — such as serious skin conditions, cerebral palsy, or COPD — which can make masks difficult to wear. Consider offering modifications if someone tells you they cannot wear a mask. Treat each other with trust and kindness.
Disclaimer: Created July 19, 2020. This is not legal advice, it is a summary of current publicly available information. Stay up-to-date on these issues as circumstances rapidly change.
Citations:
- "The Department of Justice Warns of Inaccurate Flyers and Postings Regarding the Use of Face Masks and the Americans with Disabilities Act" U.S. Department of Justice, June 30 2020.
- "The ADA and Face Mask Policies" Southeast ADA Center, July 8 2020.
- Funke, Daniel. "A ‘face mask exempt card’ doesn’t exempt you from wearing a mask in public" PolitiFact, June 26 2020.
- Tompkins, Al. "Can the government legally force you to wear a mask?" Poynter, June 22 2020.
- Fichera, Angelo. "'Face Mask Exempt Card' Isn't Legitimate." FactCheck.org, July 15 2020.
- Cortland, Matthew. "Those Face Mask "ADA Exemption" Cards Are Dangerous Nonsense." Slate, June 26 2020.
- Shaw, Seyfarth. "Reopening Businesses Face Customer Pushback on Mask Requirements Under ADA." ADA Title III, May 12 2020.
- Shaw, Seyfarth. "Mask Policies Put Businesses Between A Rock And A Hard Place." ADA Title III, June 2 2020.
- "Workplace and Business." Disability and COVID-19. Southeast ADA Center.