On Jan. 6, 2022, the Department of Justice (DOJ) issued answers to frequently asked questions (FAQs) about how the Americans with Disabilities Act (ADA) applies to businesses and other entities under certain circumstances related to the COVID-19 pandemic.
The new FAQs mainly focus on compliance with Titles II and III of the ADA. Title II applies to state and local governments, while Title III applies to businesses that are generally open to the public and that fall into one of 12 categories listed in the law. Among others, these include restaurants, movie theaters, schools, day care facilities, recreation facilities, and doctors’ offices. The FAQs also include information about compliance with Title I, which applies to employers with 15 or more employees.
In particular, the FAQs address questions about situations involving service animals, mask requirements, long COVID-19, medical facility visitation, and outdoor restaurant or retail spaces.