As per our previous client alert, the Key to NYC Program, which launched yesterday, will require individuals to show proof of vaccination in order to participate in indoor entertainment, recreation, dining and fitness.
Below is a summary of important updates.
Verification of Identification
In addition to providing proof of vaccination, individuals appearing to be 18 years of age or older will need to simultaneously provide identification establishing they are the person whose proof of vaccination was presented.
Examples of acceptable forms of identification include driver’s license, non-driver government ID card, IDNYC card, passport, or a school or work ID card. Businesses may accept copies of identification, such as a picture on the individual’s phone, a photo copy or by using an app like NYC COVID Safe.
The City instructs businesses to deny entrance to indoor entertainment, recreation, dining and fitness if an individual cannot provide identification that matches the proof of vaccination provided except for very quick and limited purposes.
Non-Discrimination
Businesses may not treat customers or employees differently because of their race, national origin, disability, gender, religion/creed, age or any other characteristic protected by the New York City Human Rights Law.
For example, a business may not refuse to accept certain types of valid proof of vaccination, such as official immunization records from countries outside the United States.
Reasonable Accommodations
Businesses must provide reasonable accommodations to:
- Customers who need them because of a disability; and
- Employees who need them because of a disability, pregnancy, religious belief, or their status as a victim of domestic violence, stalking or sex offense.
If a customer or employee is unable to show proof of vaccination due to one of the above listed reasons, the business must engage in a cooperative dialogue to see if a reasonable accommodation is possible.
For customers, potential reasonable accommodations include having the customer purchase food for takeout or sit outdoors, join a virtual exercise class or speak with a sales representative by phone.
For employees, potential reasonable accommodations may include working remotely if their job allows for it, having the employee work only in outdoor areas and enter the premises for only limited purposes such as using a POS system or using the restroom, or placing the employee on an unpaid leave of absence until such time as they obtain a vaccine dose or it is safe for them to return to work without it (unless the employer pays other workers who are unable to work for similar reasons in which case leave should be paid).
Employers may request supporting documentation from employees who are seeking an exemption from the vaccine requirement, but not from customers.
It does not appear that waiver of the vaccination requirement to work indoors or participate in the covered indoor activities is acceptable under any circumstances, regardless of a need for reasonable accommodation.
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If you have questions or would like additional information, please contact our Labor & Employment attorneys or the primary EGS attorney with whom you work.
