ADA Applies to COVID-19 Disability Related Services

Author: U.S. Department of Justice
Published: 2021/04/17 - Updated: 2025/03/01
Publication Details: Peer-Reviewed, Informative
Category Topic: Americans with Disabilities Act (ADA) - Academic Publications

Page Content: Synopsis - Introduction - Main - Insights, Updates

Synopsis: This report, authored by the U.S. Department of Justice, emphasizes that the Americans with Disabilities Act (ADA) remains applicable to all COVID-19 related services, including testing and vaccination programs. It highlights the necessity for these services to be accessible, ensuring that registration systems and websites accommodate individuals with vision or hearing impairments, facilities are accessible to those with mobility disabilities, and effective communication strategies are in place to convey information to people with disabilities. The report underscores the critical importance of implementing COVID-19 resources in a manner that prevents discrimination and guarantees equal access for individuals with disabilities. By highlighting legal protections and enforcement actions, it offers a clear look at how federal law steps in during a public health crisis, making it a handy guide for anyone navigating these issues or advocating for fair access - Disabled World (DW).

Introduction

The U.S. Attorney's Office for the Eastern District of Virginia announced today that it will be providing the attached Dear Colleague Letter reminding community partners that are involved in the COVID-19 pandemic response that the Americans with Disabilities Act (ADA) applies to their services.

Main Content

"The COVID-19 pandemic has had a severe and distressing impact on people with disabilities, who, through no fault of their own, have faced additional barriers due to the public health crisis," said Raj Parekh, Acting U.S. Attorney for the Eastern District of Virginia.

"We will vigorously pursue justice on behalf of those who are not provided equal access because of their disability. It is absolutely critical that COVID-19 resources, including vaccines and testing, are implemented in a manner that ensures individuals with disabilities are not subjected to discrimination and are able to access those services."

The Dear Colleague Letter explains that ADA "considerations may include: whether registration systems and websites are available to individuals who have vision or hearing disabilities; whether facilities selected as vaccine or COVID-19 testing sites are accessible to people with mobility disabilities; and whether there is effective communication for people with disabilities in conveying information about such services."

The Dear Colleague Letter includes links to numerous federal publications that provide a detailed discussion of the ADA's requirements, including publications on ADA.gov. The U.S. Department of Justice has issued a technical assistance document titled "ADA Checklist for Polling Places," which may serve as a helpful guide to states and municipalities in selecting vaccination sites, as well as providing temporary remedies to ensure that vaccination programs are accessible to people with disabilities.

Like polling places, vaccination sites often have another primary use (such as a gym or community center), so the considerations for their selection and the methods used for ensuring their accessibility are applicable. The Dear Colleague Letter also includes links to additional resources and publications provided by the U.S. Department of Health and Human Services and the Federal Emergency Management Agency.

The U.S. Attorney's Office for the Eastern District of Virginia, through its Civil Rights Enforcement ("CRE") Unit, in partnership with the Justice Department's Civil Rights Division, vigorously enforces a variety of federal statutes that prohibit discrimination, including the ADA, the Civil Rights Act of 1964, the Civil Rights of Institutionalized Persons Act, and the Equal Educational Opportunities Act of 1974. EDVA's CRE Unit also enforces the Servicemembers Civil Relief Act and the Uniformed Services Employment and Reemployment Rights Act of 1994.

Insights, Analysis, and Developments

As the world continues to grapple with the aftermath of COVID-19, this article serves as a crucial reminder of the ongoing challenges faced by individuals with disabilities. Ensuring ADA compliance in COVID-19 services is not just a legal obligation but a moral imperative. As we navigate the pandemic, it's crucial to recognize and dismantle barriers that hinder equitable access to essential health services for individuals with disabilities. By doing so, we uphold the principles of inclusivity and justice that are foundational to our society. It underscores the importance of maintaining vigilance in protecting disability rights, even in times of crisis, and highlights the need for continued research and policy development to ensure equitable treatment and access for all members of society.

Attribution/Source(s): This peer reviewed publication was selected for publishing by the editors of Disabled World (DW) due to its relevance to the disability community. Originally authored by U.S. Department of Justice and published on 2021/04/17, this content may have been edited for style, clarity, or brevity.