New York City recently implemented the Key to NYC Pass, which requires patrons and employees of certain indoor entertainment, recreation, dining, and fitness establishments to prove that they have received at least one dose of the COVID-19 vaccine to enter the establishment. There is no “testing out” option, so it is possible that some patrons and employees may raise issues of discrimination or request accommodations in relation to the vaccination mandate.
On August 17, 2021, the New York City Commission on Human Rights (NYCCHR) issued “Guidance for Businesses on Equitable Implementation of Key to NYC.”1 The guidance is aimed at assisting “covered entities”2 and employers impacted by the mandatory vaccination requirements with avoiding discrimination claims and managing requests for reasonable accommodations by those who claim they cannot receive the COVID-19 vaccination due to their membership in one or more protected categories under the New York City Human Rights Law (NYCHRL).3 Similar guidance was also issued for customers and employees.
By Lisa M. Griffith, Devjani H. Mishra and Mark T. Phillis via Littler