Thanks for the link! I'm getting lazy in my old age. Lol
hmm, page 31 doesn't seem to say a business can't ask about accommodations. Or am i missing it on the page?
I'm not sure exactly what all it covers and I'm not saying it protects you from being asked why you can't wear a mask, I'm just saying that it is what a lot of people seem to think keeps them from having to answer any health questions.
-page 11 and 12-
(d) Medical examinations and inquiries
(1) In general. The prohibition against discrimination as referred to in subsection (a) of this
section shall include medical examinations and inquiries.
(2) Preemployment
(A) Prohibited examination or inquiry. Except as provided in paragraph (3), a covered
entity shall not conduct a medical examination or make inquiries of a job applicant as to
whether such applicant is an individual with a disability or as to the nature or severity of
such disability.
(B) Acceptable inquiry. A covered entity may make preemployment inquiries into the
ability of an applicant to perform job-related functions.
(3) Employment entrance examination. A covered entity may require a medical examination
after an offer of employment has been made to a job applicant and prior to the
commencement of the employment duties of such applicant, and may condition an offer of
employment on the results of such examination, if
(A) all entering employees are subjected to such an examination regardless of disability;
(B) information obtained regarding the medical condition or history of the applicant is
collected and maintained on separate forms and in separate medical files and is treated
as a confidential medical record, except that
(i) supervisors and managers may be informed regarding necessary restrictions on
the work or duties of the employee and necessary accommodations;
(ii) first aid and safety personnel may be informed, when appropriate, if the disability
might require emergency treatment; and
(iii) government officials investigating compliance with this chapter shall be provided
relevant information on request; and
(C) the results of such examination are used only in accordance with this subchapter.
(4) Examination and inquiry
(A) Prohibited examinations and inquiries. A covered entity shall not require a medical
examination and shall not make inquiries of an employee as to whether such employee is
an individual with a disability or as to the nature or severity of the disability, unless such
examination or inquiry is shown to be job-related and consistent with business necessity.
(B) Acceptable examinations and inquiries. A covered entity may conduct voluntary
medical examinations, including voluntary medical histories, which are part of an
employee health program available to employees at that work site. A covered entity may
make inquiries into the ability of an employee to perform job-related functions.
(C) Requirement. Information obtained under subparagraph (B) regarding the medical
condition or history of any employee are subject to the requirements of subparagraphs (B)
and (C) of paragraph (3).
Thanks. most of what i've seen deals with employees, not visitors to businesses.
Also, i found this analysis "However, the Pandemic Preparedness in the Workplace and the Americans with Disabilities Act guidance issued by the U.S. Equal Employment Opportunity Commission (EEOC) provides that during a pandemic, exceptions to the ADA's restrictions on employer health inquiries allow employers to inquire about an employee's potential infection with the disease and related travel."
Also, another site discusses that the application of ADA for non employees still allows for 'reasonable accomodations'
Fundamental Alteration, Undue Burden and Direct Threat.
https://www.adasoutheast.org/ada/publications/legal/ada-and-face-mask-policies.php
