Business particularly affected by COVID-19 are also the ones most commonly exposed to disability discrimination lawsuits under the ADA. John Kelly, a partner at Wilson Elser, discusses the “new normal” litigators may see in how claims brought under the ADA and the New York State Human Rights Law are litigated.
Public health experts and economists predict a “new normal” for businesses in the wake of COVID-19. While estimates vary, a group of researchers from Harvard Business School recently projected that more than 100,000 small businesses alone will shut down as a result of the pandemic.[1] Many businesses that do not close still may drastically change or temporarily curtail their business operations as they shift to contact-free procedures, such as delivery or curbside pick-up of products or services. Businesses that were heavily impacted by COVID-19, such as restaurants, retail stores, commercial real estate owners and entertainment venues, are the same businesses that often are exposed to disability discrimination lawsuits brought under Title III of the Americans with Disabilities Act (ADA) and analogous state and city laws.
Building owners and operators of businesses, including aforementioned restaurants, retail stores and entertainment venues, should be aware of the impact COVID-19-related business…
