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Personal Crusades for Public Health

Bill of Health

By Katherine Macfarlane Public health in the U.S. This essay describes the cost of casting aside what is best for the public’s health in favor of individual choice, especially to those who are high-risk for serious illness or death from COVID-19. It explores how they must negotiate public health measures on their own.

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Negotiating Masks in the Workplace: When the ADA Does and Does Not Apply

Bill of Health

A person who is high-risk for serious illness or death from COVID-19 is likely entitled to a reasonable accommodation under the Americans with Disabilities Act (ADA), including one that requires their co-workers to wear masks in their presence. In other words, under the ADA, employers cannot adopt a policy of blanket denial.

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Public Health Law and Civil Rights Laws Must Work Together to Rise to the Challenge of Long COVID

Bill of Health

By Elizabeth Pendo Amid the ongoing COVID-19 pandemic, the need for public health laws and policies that align with and reinforce civil rights protections for disproportionately impacted populations is greater than ever. Title I of the ADA prohibits discrimination based on disability in employment.

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Providing Clean Air in Indoor Spaces: Moving Beyond Accommodations Towards Barrier Removal

Bill of Health

One of the most persistently frustrating aspects of the Americans with Disabilities Act (ADA), as currently applied to schools and workplaces, is its emphasis on the eligibility of qualifying individuals for accommodation, rather than on population-based removal of barriers to participation. By Jennifer Bard.

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Our New Remote Workplace Culture Creates Opportunities for Disabled Employees

Bill of Health

This shift in our workplace culture presents employment opportunities for disabled people that they may not have had in the past, even with the Americans with Disabilities Act (ADA). The ADA was enacted in 1990 to guarantee disabled people “ equality of opportunity, full participation, independent living, and economic self-sufficiency.”

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Long COVID and Physical Reductionism

Bill of Health

Ironically, these problems for plaintiffs may be traced to amendments to the Americans with Disabilities Act (ADA) that were intended to expand coverage for plaintiffs claiming disability discrimination. These as-yet-unclear long COVID employees may not receive ADA protections, such as protection from wrongful termination.

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HHS Aims to Strengthen Anti-Discrimination Rules for Disabled Patients in New Proposed Rule

C&M Health Law

HHS is proposing to amend the regulation to clarify the obligations imposed on programs and activities that receive FFA, and to improve consistency with the Americans with Disabilities Act of 1990 (the “ADA”), the ADA Amendments Act of 2008 (the “ADAAA”), amendments to the Rehabilitation Act, and significant case law.

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