(1) ADA terms The terms commerce , commercial facilities , private entity , and public accommodation have the meanings given those terms in section 301 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12181 ). (2) Individual who has not received a COVID–19 vaccine The term individual who has not received a COVID–19 vaccine means an individual who has not received a COVID–19 vaccine or who does not have or cannot produce proof of having such a vaccine. (3) Vaccination status The term vaccination status means— (A) an individual’s status based on the voluntary election to receive or not to receive a COVID–19 vaccine