Labor & Employment Law Daily Wrap Up, EXPERT INSIGHTS—DOJ withdraws 11 pieces of Americans with Disabilities Act Title III guidance: what covered businesses need to know, (Apr 8, 2025)

By Joseph Lynett, Joseph DiPalma, Jennifer Rusie, and Tara K. Burke of Jackson Lewis P.C.

The Department of Justice (DOJ) withdrew 11 documents providing guidance to businesses on compliance with Title III of the Americans with Disabilities Act (Title III). The DOJ Guidance sets forth how the agency interprets certain issues addressed by Title III of the ADA. Although the guidance has been withdrawn, the law remains the same. Title III requires that covered businesses must provide people with disabilities with an equal opportunity to access the goods or services that they offer.

The DOJ says the documents were withdrawn in order to "streamline" ADA compliance resources for businesses consistent with President Trump's January 20, 2025 Executive Order "Delivering Emergency Price Relief for American Families and Defeating the Cost-of-Living Crisis". According to the DOJ's press release, "Today's withdrawal of 11 pieces of unnecessary and outdated guidance will aid businesses in complying with the ADA by eliminating unnecessary review and focusing only on current ADA guidance. Avoiding confusion and reducing the time spent understanding compliance may allow businesses to deliver price relief to consumers."

The DOJ identified the following guidance for withdrawal:

1. COVID-19 and the Americans with Disabilities Act: Can a business stop me from bringing in my service animal because of the COVID-19 pandemic? (2021)

2. COVID-19 and the Americans with Disabilities Act: Does the Department of Justice issue exemptions from mask requirements? (2021)

3. COVID-19 and the Americans with Disabilities Act: Are there resources available that help explain my rights as an employee with a disability during the COVID-19 pandemic? (2021)

4. COVID-19 and the Americans with Disabilities Act: Can a hospital or medical facility exclude all "visitors" even where, due to a patient's disability, the patient needs help from a family member, companion, or aide in order to equally access care? (2021)

5. COVID-19 and the Americans with Disabilities Act: Does the ADA apply to outdoor restaurants (sometimes called "streateries") or other outdoor retail spaces that have popped up since COVID-19? (2021)

6. Expanding Your Market: Maintaining Accessible Features in Retail Establishments (2009)

7. Expanding Your Market: Gathering Input from Customers with Disabilities (2007)

8. Expanding Your Market: Accessible Customer Service Practices for Hotel and Lodging Guests with Disabilities (2006)

9. Reaching out to Customers with Disabilities (2005)

10. Americans with Disabilities Act: Assistance at Self-Serve Gas Stations (1999)

11. Five Steps to Make New Lodging Facilities Comply with the ADA (1999)

The DOJ is also "raising awareness about tax incentives for businesses related to their compliance with the ADA" by prominently featuring a link to a 2006 publication.

The withdrawn guidance was prepared before the most recent Title III regulations went into effect in 2011 or deals with COVID-19. We do not expect the DOJ's withdrawal of the guidance to have significant impact on business operations. However, Jackson Lewis attorneys, including Disability Access Litigation and Compliance group are closely monitoring the rapid developments from the federal agencies that impact our clients.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Joseph Lynett, Joseph DiPalma, Jennifer Rusie and Tara K. Burke

Jackson Lewis P.C.

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New York

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