Bremer Whyte Brown & O'Meara, LLP Handles ADA Claims Involving Face Masks to Defend Small Business Owners

BWB&O represents businesses in the defense of Americans With Disability Act (ADA) claims. Recently, with risks created by the Covid-19 Pandemic and the use of masks to curb the same, BWB&O has been afforded the opportunity to defend businesses against ADA claims that involve customers who are refusing to wear masks due to medical conditions. Businesses should be on the lookout for inaccurate viral posts going around Facebook and ready themselves for these potential claims.

The Department of Justice (“DOJ”) recently put out a press release denouncing false viral social media posts. The DOJ writes in it that the ADA does not provide a blanket exemption to people with disabilities from complying with legitimate safety requirements necessary for safe operations. The ADA allows for reasonable accommodation and prevents a change in a business’s policies and procedures in any way that would cause a “fundamental alteration” in the nature of their goods and services, would undermine the safe operation of the business, or would cause a “direct threat” to the health or safety of others. While reasonable accommodations need to be provided under the ADA, that is a point of analysis and every case is different.

If you are a small or large business owner in need of representation, our experienced attorneys at Bremer Whyte Brown & O’Meara, LLP are prepared to defend you or otherwise advise!

Please contact us at marketing@bremerwhyte.com or call us at 949.221.1000.

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