Sec. 151. Limitation on violations under specific laws

622 words·~3 min read·/bill/116/s/4537/is/section-151

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In this subsection, the term covered Federal employment law means any of the following: The Occupational Safety and Health Act of 1970 ( 29 U.S.C. 651 et seq.) (including any standard included in a State plan approved under section 18 of such Act ( 29 U.S.C. 667 )). The Fair Labor Standards Act of 1938 ( 29 U.S.C. 201 et seq.). The Age Discrimination in Employment Act of 1967 ( 29 U.S.C. 621 et seq.). The Worker Adjustment and Retraining Notification Act ( 29 U.S.C. 2101 et seq.).

Title VII of the Civil Rights Act of 1964 ( 42 U.S.C. 2000e et seq.). Title II of the Genetic Information Nondiscrimination Act of 2008 ( 42 U.S.C. 2000ff et seq.). Title I of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12111 et seq.). Notwithstanding any provision of a covered Federal employment law, in any action, proceeding, or investigation resulting from or related to an actual, alleged, feared, or potential for exposure to coronavirus, or a change in working conditions caused by a law, rule, declaration, or order related to coronavirus, an employer shall not be subject to any enforcement proceeding or liability under any provision of a covered Federal employment law if the employer— was relying on and generally following applicable government standards and guidance; knew of the obligation under the relevant provision; and attempted to satisfy any such obligation by— exploring options to comply with such obligations and with the applicable government standards and guidance (such as through the use of virtual training or remote communication strategies); implementing interim alternative protections or procedures; or following guidance issued by the relevant agency with jurisdiction with respect to any exemptions from such obligation.

In this subsection— the term auxiliary aids and services has the meaning given the term in section 4 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12103 ); the term covered public accommodation law means— title III of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 et seq.); or title II of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a et seq.); the term place of public accommodation means— a place of public accommodation, as defined in section 201 of the Civil Rights Act of 1964 ( 42 U.S.C. 2000a ); or a public accommodation, as defined in section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 ); and the term public health emergency period means a period designated a public health emergency period by a Federal, State, or local government authority.

Notwithstanding any other provision of law or regulation, during any public health emergency period, no person who owns, leases (or leases to), or operates a place of public accommodation shall be liable under, or found in violation of, any covered public accommodation law for any action or measure taken regarding coronavirus and that place of public accommodation, if such person— has determined that the significant risk of substantial harm to public health or the health of employees cannot be reduced or eliminated by reasonably modifying policies, practices, or procedures, or the provision of an auxiliary aid or service; or has offered such a reasonable modification or auxiliary aid or service but such offer has been rejected by the individual protected by the covered law.

For purposes of this subsection, no person who owns, leases (or leases to), or operates a place of public accommodation shall be required to waive any measure, requirement, or recommendation that has been adopted in accordance with a requirement or recommendation issued by the Federal Government or any State or local government with regard to coronavirus, in order to offer such a reasonable modification or auxiliary aids and services.

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