No. There is no such thing as “grandfathering.” All buildings that pre-date the ADA must comply to the maximum extent feasible, based on the company’s readily achievable barrier removal analysis. If the building has not been updated in any way since the 1990s, the company has not met its obligation under the ADA. We regularly provide consultation services for businesses that are creating a “barrier removal” plan.

If you have not updated your building since it was built, or since you purchased it several years ago, then you are likely not in compliance with the applicable and/or current accessibility construction standards. A Certified Access Specialist (“CASp”) is a person who can come to your business and identify all of the non-compliant elements at your business. We regularly use CASp experts for defense litigation and proactive consulting.

First, do not say “no.” There are several different ways in which employees can be accommodated for their disability(ies). You should always engage in the interactive process with the employee to determine what kind of accommodation is needed, the accommodation that is requested, and if it is costly, whether there is another more economical way that the accommodation can be provided. The key is to keep an open mind and enter into a dialogue with the employee. Accommodating employees is not scary or even burdensome. Call us, we can help your company navigate through issues like these.

Not if they have a qualifying disability that must be accommodated. Under the Americans with Disabilities Act, people with a physical and/or mental disability must be accommodated, which could mean foregoing a mask. Examples can be: A person cannot regulate their body temperature through sweating and therefore cannot have their mouth covered; A person with a hearing impairment reads lips for communication and therefore cannot communicate with someone wearing a mask; A person suffers from claustrophobia and has anxiety attacks when their mouth is covered. All of these issues affect people individually and policies and procedures must be tailored to that specific individual. If you need help keeping your staff safe, while accommodating those with disabilities, call us. We can help.