HYANNIS – Attorney General Maura Healey issued guidance to ensure that the rights of individuals with disabilities are protected during the COVID-19 pandemic.
“This unprecedented public health crisis has forced us to change the way we live our everyday lives, and many of these new practices have created further challenges for disabled people,” Healey said.
“The goal of this guidance is to ensure that the rights of our disabled residents are protected and that they have access to the goods and services they need.”
According to the guidance, individuals with underlying conditions that may increase their risk of infection or illness can seek “reasonable” accommodations in employment, housing, and public places.
Such accommodations are generally changes to a physical space, policy, rule, or process that allow an individual with a disability equal access to his or her rights.
The guidance also lays out accommodations that may be necessary because of new protocols at stores, apartment buildings, and hospitals during the pandemic.
According to the guidance, essential workplaces that remain open during the pandemic should make accommodations for employees with disabilities that put them at greater risk of infection, including allowing them to work from home, if possible, or transferring them to another shift or role that minimizes their interactions with the public.
The guidance also states that landlords must make exceptions to any policy barring visitors in order to allow tenants with disabilities access to needed medical professionals, personal care attendants, and other caregivers.
It encourages individuals with disabilities to consult with their PCA, caregiver, or medical professional about whether services can be provided by telemedicine.
The guidance states that the decision to use this option is up to the individual receiving the services and not their landlord.
Hospitals should also make exceptions to visitor policies to allow PCAs, caregivers, or family members to visit a disabled person, if the patient would otherwise be unable to access the care they need.
Under state law, businesses that remain open to the public during the pandemic should ensure that disabled persons have equal access to the premises.
Businesses that have “curbside access” should allow customers to also arrive on foot or by wheelchair.
Healey’s Civil Rights Division enforces federal and state laws protecting the rights of people with disabilities.
The Division encourages residents who need further assistance with an accommodation to call its hotline at (617) 963-2917.
The Division also urges individuals with disabilities who feel their rights have been violated to call the hotline or file a complaint online.
Visit the COVID-19 resource page for information about how the Attorney General’s Office can provide support during the crisis.
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