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U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Office for Civil Rights |
HHS Office for Civil Rights Guidance on Federal Legal Standards Prohibiting Disability Discrimination in COVID-19 Vaccination Programs
The Office for Civil Rights has made clear that during emergencies, such as the COVID-19 pandemic, civil rights laws remain in effect. These laws include Section 504 of the Rehabilitation Act and Section 1557 of the Affordable Care Act which, among other things, prohibit discrimination on the basis of disability.[1] This guidance sets out legal standards under Section 504 and Section 1557 as well as examples of the application of the legal standards in the context of COVID-19 vaccine programs. Links to best practices to implement these legal standards and additional information about civil rights protections prohibiting discrimination on the basis of race, color, national origin and ensuring the civil rights of persons with limited English Proficiency during COVID-19 are included at the end of this guidance.
General. No qualified individual with a disability, may, based on disability, be excluded from participation in or be denied the benefits of services, programs, or activities of a covered entity, or otherwise be subjected to discrimination by a covered entity.
- Example: A covered entity may not assign a lower priority to individuals with disabilities, such as individuals with a developmental disability, for a vaccine, based on social stigma or stereotypes about disability, or assessments of quality of life or judgments about an individual’s relative worth based on a disability.
Eligibility Criteria. A covered entity may not use eligibility criteria that screen out or tend to screen out an individual with a disability or a group of individuals with disabilities, unless the criteria are necessary for the provision of the service, program, or activity being offered.
Criteria or Methods of Administration. A covered entity may not use criteria or methods of administration that have the effect of subjecting individuals with disabilities to discrimination on the basis of disability.
- Example: An inflexible requirement that people perform certain tasks for themselves as part of the process, such as completing paperwork at the vaccine site or rolling up one’s sleeve to get vaccinated, could have a discriminatory effect on individuals with disabilities.
Reasonable Modifications. A covered entity must make reasonable modifications in policies, practices, or procedures, when necessary to avoid discrimination on the basis of disability, unless making the modifications would fundamentally alter the nature of the service, program, or activity.
- Example: Some persons who are immunocompromised may require greater social distancing than is typically required to navigate a vaccination site safely. On request,
- ↑ Other Federal civil rights laws, such as Titles II and III of the Americans with Disabilities Act, also protect individuals with disabilities.
