APR 29 1992 DJ 181-06-0010 Mr. Walter Laroque Laroque Consulting/Training, Inc.

2640 Canal Street Suite 304 - Third Floor New Orleans, Louisiana 70119-6410 Dear Mr. Laroque: This responds to your letter to Barbara Drake, Stewart Oneglia, and John Wodatch. Your request for written materials has been referred to our publications unit. Although Federal Executive agencies are not covered by the Americans with Disabilities Act (ADA), they are covered by sections 501 and 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. SS791 and 794. Because section 504 served as the model for the requirements of the ADA, the requirements for Executive agencies are substantially the same as the requirements for private employers under the ADA. The Federal judiciary, however is covered by neither the ADA nor the Rehabilitation Act. Section 304 of the ADA prohibits discrimination on the basis of disability in the provision of transportation services to the general public by bus, rail, or any other conveyance on a regular and continuing basis by any private entity that is primarily engaged in the business of transporting people and whose operations affect commerce. This requirement would include taxi services. Your questions concerning the employment requirements of title I should be addressed to the Equal Employment Opportunity Commission. We note, however, that there is no requirement for development of a strategic plan or conducting of training seminars. Section 310 of the ADA was intended to defer the effective date of title III for small businesses. The regulation is taken directly from the statute and provides that, except for any civil action brought for a violation of section 303 of the Act, no civil action shall be brought for any act or omission described in section 302 of the Act that occurs-

cc: Records, CRS, Kaltenborn, Friedlander, Craig, FOIA:dhj udd:Kaltenborn:Laroque 01-00661 ​ -2(1) Before July 26, 1992, against businesses with 25 or fewer employees and gross receipts of $1,000,000 or less. (2) Before January 26, 1993, against businesses with 10 or fewer employees and gross receipts of $500,000 or less. The effective date for public accommodations not covered by this provision is January 26, 1992. All public accommodations are fully covered, and subject to suit, after January 26, 1993. I hope this information is helpful. Sincerely, Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division 01-00662 ​Friday - 16 August 1991 THIS LETTER IS INDIVIDUALLY ADDRESSED, AND SEPARATELY MAILED, TO EACH OF THE THREE PEOPLE SHOWN BELOW AS THE ADDRESSEES Ms. Barbara S. Drake Mr. Stewart B. Oneglia - Chief Deputy Assistant Attorney Coordination and Review SecGeneral - Civil Rights tion - Civil Rights Division Division - U. S. DepartU. S. Department of Justice ment of Justice Washington, DC 20530 Washington, DC 20530 Mr. John L. Wodatch - Director - Office on the Americans With Disabilities - Civ il Rights Division - U.S. Department of Justice Washington, DC 20530 Dear Ms. Drake and Messrs. Oneglia and Wodatch: We have been "commissioned", by the CHAMBER/New Orleans and the River Region (ie: the New Orleans Chamber of Commerce) to write, and conduct, public training seminars, for businesses, employers, and others, affected by the provisions of PL 101-336 - AMERICANS WITH DISABILITIES ACT OF 1990

(short title: ADA). That Chamber's membership is found in the 7 Civil Parishes (ie: Counties in other States) of: Jefferson, Orleans, Plaquemines, St. Bernard, St. Charles, St. James and St. John the Baptist. We come to you to request you factually/legally assist our effort. We ask that you send us certain written materials. We ask you for certain legal and/or other clarifications. Please help us in these specific areas: WRITTEN MATERIALS (Affecting TITLES II, III and IV only): Copies of: (a) final rules and interpretive appendices, in LARGE PRINT - (b) - compliance manuals (c) - policy guidances - (d) - any other written pieces re: USDJ's approach to the implementation of the ADA and the enforcement of its legal and regulatory requirements and (e) parts of compliance manuals, now completed, even though the total manuals are not now available. LEGAL AND/OTHER DEFINITIVE INTERPRETATIONS (Re: TITLES II, III and IV, except for Request One below): Request One: (Re: TITLE I) - Act's Coverage: TITLE I - EMPLOYMENT SEC. 101. DEFINITIONS (5) EMPLOYER (B) EXCEPTIONS (i) - says: "The term 'employer' does not include - (i) the United States, a corporation wholly owned by the government of the United States ***. OUR QUESTION: Does this mean that the Executive and Judicial Branches of the Federal Government, and the Federal Agencies, under these two Branches, are exempt (as employers) from the provisions of the Act (PL 101 336)? We note that Section 509 of TITLE Vof that Act says: the ADA covers Congress and Senate (the Legislative Branch) and certain agencies of that Branch. Request Two: Possible Contradiction: Section 506 (PL 101 336) - TECHNICAL ASSISTANCE (c) IMPLEMENTATION - (3) TECHNICAL ASSISTANCE MANUALS says: "Each Federal agency that has responsibility *** shall ***ensure the availability and provision of technical assistance manuals to individuals or entities with rights or duties under this Act ***." Then, in (e) further down, in the Act, it says: "***shall not be excused from compliance with the requirements of this Act because of any failure to receive technical assistance under this section, including any failure in the development or dissemination of any technical assistance manual

authorized by this section." To us this sounds unfairly punitive and contradic01-00663 ​Page 2 - Walter Laroque's 16 August 1991 Letter to Ms. Barbara S. Drake and Messrs.Stewart B. Oneglia and John L. Wodatch - U. S. DEPARTMENT OF JUSTICE - Washington DC tory since, in one place it says: "ensure availability and provision" and then later, no excuse: "because of any failure ***including any failure in the development, etc." Request Three: Taxis: Buses, and trains, as forms of public transportation are mentioned in the Act. OUR QUESTION: Are taxis, as a mode of public transportation, exempt from coverage under the ADA? Request Four: We read a newspaper news article. It said that ADA-covered employers will be required to: (A) - prepare a STRATEGIC PLAN and (B) - conduct educational training seminars re: TITLES I, II, III and IV, for their staffs. Are these two things so? We did not find these two requirements mentioned anywhere in the ADA (PL 101 336). Request Five: If a STRATEGIC PLAN is a legal and/or regulatory requirement of employers, please send us (a) - a model or format for one of these PLANS and/or (b) - a statement of the content, needed, in one of these PLANS, which would fully satisfy the requirements for an acceptable STRATEGIC PLAN, if this type PLAN, indeed, will be required. And, Request Six: We are probably reading it incorrectly. We are probably missing the point. We are sure you can correct our reading. We are certain you can help us see the point. Such help, in interpretation, on your part, is hereby requested. Situation: It concerns a piece prepared by Erica Jones (possibly associated with: President's Committee on Employment of People With Disabilities). This is excerpted from it: Why this seemingly (at least to us) unnecessary language? It refers to TITLE III(A). We opine: if a Company has (a) - 2 employees, then those 2 are: "***(25)or less employees" and (b) - revenue of $100, then those $100 are: "***$1 million or less". And, what happens to a Company with 26 employees and $1,000,001 in revenue? Are they not covered? NEW SUBJECTS:

NS#1: We wish to be active in the promotion, advancement and educational/training aspects of the ADA. (COPY OF PIECE OF PAPER ON PAGE) A. Public accommodations (all business and service providers - January 26, 1992, for businesses with twenty-five (25) or less employees and revenue $1 million or less; January 26, 1993, for businesses with ten (10) or less employees and revenue $500,000 or less. Section 506 (d) (1) and (2) refer (at least in our opinion, they seem to) to the need, for people, like us (ie: LAROQUE CONSULTING/TRAINING, Inc.) to assist in effectuation of the intents and purposes of the AMERICANS WITH DISABILITIES ACT. OUR QUESTION: To whom can we go to get information in this matter of assistance in effectuation of the intents and purposes of the ADA? NS#2: Please send us: (1) regulations implementing Section 504 of the Rehabilitaation Act of 1973, transferred to your Department, in 1980 by Executive Order 12250 (2) a copy of EO 12250 (3) the Federal Register of 26 July 1991 Part II - Architectural and Transportation Barriers Compliance Board and (4) the Regulatory Flexibility Act and the Paper Work Reduction Act. Thanks for your assistance in fulfilling the requests, made in this letter. And, we reiterate our interest: to have our seminars be: accurate - correct factual - legal in their 01-00664​ Page 3 - Walter Laroque's 16 August 1991 Letter to Ms. Barbara S. Drake and Messrs. Stewart B. Oneglia and John L. Wodatch - U. S. DEPARTMENT OF JUSTICE - Washington DC subject content! Ms. Drake and Messrs. Oneglia and Wodatch, we have attached, to this letter, a copy of one we wrote, on 26 July 1991. It is sent to you with the hope that it will be, to you, or others, useful, in addition, we would also hope, to being merely informative. SICUT PATRIBUS, SIT DEUS NOBIS! (picture) Sincerely, Walter Laroque Attachment (As described in this letter)

wjl/eka 01-00665 ​ LAROQUE CONSULTING / TRAINING, Inc. Suite 304 - Third Floor 2640 Canal Street New Orleans, Louisiana 70119-6410 (504) 827-8601 Friday - 26 July 1991 WHILE THIS LETTER APPEARS TO BE JOINTLY ADDRESSED - IT IS, IN FACT, INDIVIDUALLY ADDRESSED, TO EACH OF THE TWO SEPARATE ADDRESSEES, AND IT IS INDIVIDUALLY MAILED TO THEM. Mr. Charles L.Gambel, Jr. Mr. Conrad Meyer IV President Attorney at Law GENERAL HEATING AND AIR BALDWIN AND HASPEL LAW CONDITIONING OFFICES 3500 Monticello Avenue 2200 Energy Centre New Orleans, LA 70118 New Orleans, LA 70163-2200 Dear Messrs. Gambel and Meyer: The Latin Scholar is wont to say: VERBUM SAT SAPIENTI! Or, as we, in the practical world of commerce always exclaim: Let a Word to the Wise be Sufficient! In June, I made a promise to both of you. This is an interim/status report in the matter. The monthly Meeting of the CHAMBER/New Orleans and the River Region, convened on: 13 June 1991 During that Meeting I made a brief statement. It was to this effect: The 1990 AMERICANS WITH DISABILITIES ACT - Public Law 101-336, signed into law on 26 July 1990, is fraught with peril for those affected companies and organizations who ignore, or, are ignorant of, its legal provisions, and the rules and regulations to enforce its effect. I mentioned that our Company was planning, in our private practice, to prepare a training program to cover its legal requirements upon companies/organizations affected by it.

And, the design of the program, to be how our clients, and others interested, and hiring us, can be shown how to comply with the law, and thus avoid the costly penalties, and legal actions, coming from their violations - purposeful or not! You both showed interest in my comments made to the CHAMBER's Board. Then each of you asked us to send you a copy of our training program. I promised to fill your request. And, when the training program is complete and published, I shall do so. In the meantime here are some important informative Dick Thornburgh, U.S. Attorney General, says, "The Americans with Disabilities Act gives civil rights protection to individuals with disabilities similar to those provided to individuals on the basis of race, sex, national origin and religion ... Fair, swift and effective enforcement of this landmark civil rights. legislation is a high priority of the Department of Justice." The Justice Department will file lawsuits on behalf of disabled individuals, with businesses incurring their own legal expenses. The purpose of these lawsuits will be to stop discrimination and to seek monetary damages and penalties for the disabled individual. The real impact of the public accommodations section is that it requires everyone doing business with the public to serve the disabled just as they serve anyone else. The Department of Justice considers expenses associated Educational training seminars must be held to educate staff on both public accommodation and employment. Searching for loopholes or window-dressing actions w ill not pass muster as a good-faith effort. Anything less than a sincere attempt to conform may result in monetary damages, penalties and a shocking

backlash of negative publicity. If an organization does not understand this legislation, that organization has a cause for legitimate concern. From his wheelchair, EEOC Chairman Evan Kemp Jr., a top law school graduate from the University of Virginia and a former employee of the Ralph Nader-sponsored Disability Rights Center, intends to attack disability discrimination in the workplace. His enforcement will include scrutiny of the subtle discrimination in training, promotions, assignments and reward structures. His concerns are not limited to entry-level employees, but also encompass discrimination that keeps the disabled out of executive suites. 01-00666​ Page 2 - Walter Laroque's 26 July 1991 Letter to Messrs. Gambel and Meyer RE: The AMERICANS WITH DISABILITIES ACT - 1990 (in the broadest - non-detailed sense) highlights re: THE 1990 ADA: CHAMBER'S REQUEST OF US: Mr. Ronnie Robert is Chairman of the Executive Committee of the CHAMBER's SMALL BUSINESS COUNCIL. He has requested us to consider giving training to Member companies/organizations of the CHAMBER. We have answered "Yes" to his request. MEANS OF DELIVERING PROGRAM WITHIN THE CHAMBER: We envision three possible ways to present our material, to suffice the CHAMBER's needs: (1) - To the Board, and anyone else it chooses and invites to hear our presentation (2) The CHAMBER's monthly evening program: "BUSINESS AFTER HOURS - 60MINUTE SUBJECT PRESENTATION" and (3) - "CHAMBER SPOTLIGHT" - a radio show. Or, any other program delivery means the CHAMBER may decide. STRATEGIC PLAN AND EDUCATIONAL TRAINING: The Act requires a company or organization to prepare a STRAGETIC PLAN. And, to conduct Educational Training

Seminars to educate their staffs re: the Employment and Public Accommodations Titles of the Act. SPECIFIC AREAS OF THE ACT'S COVERAGE: The Act consists of five TITLES. These are: (I) - Employment (II) - Public Services (State and Local Governments including transportation) (III) - Public Accommodations (operated by private companies/organizations) (IV) - Telecommunications and (V) - Miscellaneous (the Act's relationship to other laws). It is our belief that the most generally applicable provisions most widespread in their affect upon businesses and organizations will be TITLES: I - II and III. EFFECTIVE DATES: Several. 26 July 1992 for Title I. 26 January 1992 for Titles II and III. 26 July 1993 for Title IV. And, Title V's effective date is contingent upon actions outcoming from application/enforcement of the other Titles. FEDERAL ENFORCEMENT AGENCIES: Title I's enforcement has been assigned to the EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. The JUSTICE DEPARTMENT, broadly, will enforce the remaining Titles. REMEDIES AND PENALTIES: Private rights of action. Injunctive relief. Job reinstatement. Back pay. Equal Employment Opportunity Commission enforcement. Damages, in certain cases. Civil penalties. Compensatory damages. And, relief generally available through the Federal Communications Commission. LEGAL FEES: The Department of Justice will file lawsuits on behalf of disabled individuals. Business and organizations will incur and pay their own legal costs. BUSINESSES/ORGANIZATIONS AFFECTED BY THE ADA - 1990: Title I:Companies/organizations employing 25 plus employees working on 26 July 1992. Then, on 26 July 1994, the 25 drops to 15. A Part of Title III: Companies/organizations (all business and service providers) on 26 January 1992, with 25 or less employees and $1,000,000, or less, in revenue. Then, on 26 January 1993, this criterion changes to 10 or less employees, and revenue of $500,000 or less. ACT-COVERAGE EXEMPTIONS: Section 307 (Affecting: Title III - Public Accommodations) of the Act exempts from coverage: (a) - private clubs (b) establishments previously exempted under Title VII of the Civil Rights Act of 1964 and (c) religious organizations or entities controlled by religious organizations. Places of worship are included under the exemption. Re: (c) -

religion: A catch!: Not applicable if Federal funding is accepted. EXAMPLE: The Society of Jesus - the Jesuits, operate New York's Fordham University. If that University gets any kind of Federal funding, the exemption, then, does not apply. UNDER THE ACT - WHAT IS A DISABILITY: It can be from "A" to "V". AIDS to Visual Disability and beyond. The definition is all-inclusive. Example: While it does not include illegal users of alcohol and/or drugs, it does not permit discrimination vs. those no longer illegally using drugs/alcohol, but who are undergoing rehabilitation and treatment or those who have successfully completed such. Disability is not a consideration if the disabled person can perform the essential functions of the job. The disability becomes a consideration when: there is a "direct threat". This means: a significant risk to the 01-00667 Page 3 - Walter Laroque's 26 July 1991 Letter to Messrs. Gambel and Meyer RE: The AMERICANS WITH DISABILITIES ACT - 1990 health or safety of others which cannot be eliminated by reasonable accommodation. AFFIRMATIVE ACTION: Not, at this time, generally required under the ADA. However, Federal funding again comes into play here. Also, performance of "Agency Services" for the Federal Government. In the instances of acceptance of Federal funds and performing "Agency Services", then Affirmative Action becomes a requirement. Example of "Agency Services": A bank, selling and redeeming U. S. Savings Bonds. EQUAL EMPLOYMENT OPPORTUNITY: For all intents and purposes, disabled persons will join others in the Title VII (Civil Rights Act of 1964) Protected Classes (eg: blacks, women et al). Equal Employment Opportunity is not only hiring. It is training, promotions, assignments, re-assignments, rewards, and other employment benefits, rules, regulations, etc. affecting employees. These must be administered without discrimination. Messrs. Gambel and Meyer - VERBATIM ET LITTERATIM! Sincerely, Walter Laroque cc: Mr. George Denegre - Chairman - the CHAMBER/New Orleans and the River Region(TC/NORR)

Mr. Jim Monroe - President/CEO - TC/NORR Mr. Ronnie Robert - Chairman - Executive Committee - Small Business Council - TC/NORR Mr. Roger F. Villere, Jr. - Coordinator - "CHAMBER SPOTLIGHT" - Radio Show - TC/NORR wjl/eka 01-00668