ADA special topic: pandemic vaccine and mask mandates

Chapter 9 covers a special topic: vaccine and mask mandates in the United States during the COVID-19 pandemic. It addresses some of the lawsuits during this era that have challenged or sought enforcement of mandates under all three titles of the ADA. Under Title I, employees sometimes sought injunctive relief from courts to stop employers from enforcing requirements for them to be vaccinated; often such relief was denied due to the availability of monetary relief for the challenged mandates. Under Title II, parents of children at risk from COVID-19 sometimes challenged efforts by state officials to prevent the enforcement of mask mandates at schools; the success of such actions often was affected by the perceived danger of the pandemic and the perceived effectiveness of masking measures at different times during the pandemic. Under Title III, customers and clients sometimes challenged mask mandates imposed by various businesses, with results varying according to the specific facts of the situation. Throughout, the chapter provides numerous U.S. case law examples illustrating the concepts covered.