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U.S. Department of Justice Civil Rights Division T. 5/19/92 JLW:LIB:HJB:Jfh 202-PL-00005 Washington, D.C.

20530 JUN 2 1992 Ms. Debra A. Hixson Stark Manufacturing, Inc. Post Office Box 633 Paris, Arkansas 72855 Dear Ms. Hixson: This letter responds to your correspondence requesting technical assistance with respect to the provisions of the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities having rights or obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA regulations. However, it does not constitute a legal interpretation and it is not binding on the Department. Specifically, your letter inquires as to the obligations of a manufacturing concern under title III of the ADA. Title III of the Americans with Disabilities Act governs the obligations of privately-owned places of public accommodation and of commercial facilities to provide access to individuals with disabilities. A commercial facility is a non-residential facility whose operations affect commerce (such as a manufacturing operation), but which does not contain a place of public accommodation such as a showroom, retail sales office, or establishment serving food or drink. Title III of the ADA imposes three different types of compliance duties on commercial facilities and places of public accommodation. When a commercial facility or a public accommodation is engaged in new construction of a facility, it must comply with the accessibility provisions of the ADA standards for new construction, including the ADA Accessibility Guidelines (ADAAG). When a commercial facility or a public accommodation is engaged (after January 26, 1992) in an

alteration to an existing facility, it must comply with the alterations standards. When a public accommodation is engaged in neither new construction nor alteration of a facility, then a third and less rigorous duty is imposed: The public accommodation must remove any barriers to individuals with disabilities where the removal cc: Records OADA Wodatch Bowen Beard udd:beard.ta.304.hixson -2of those barriers is "readily achievable" -- that is, where the removal can be done easily and without much difficulty or expense. If your facility is a place of public accommodation, rather than a commercial facility, you may be required to remove barriers such as the curb. The Title III regulations discuss the factors that are to be used in determining whether the removal of a particular barrier is readily achievable. These include: the nature and cost of the action; the financial resources available both to the site and the parent organization; the size and number of employees at the site and overall; and the relationship of the sites to the parent organization. However, where it is not possible to comply completely with the accessibility specifications of the ADAAG, title III provides that a public accommodation should comply as much as possible -again without much difficulty or expense. When a commercial facility is engaged in neither new construction nor alteration of its building, then it has no obligations under title III of the ADA. However, as of July 26, 1992, title I of the ADA will become effective, and any employer with 25 or more employees will be covered. Employers with 15 or more employees will be covered after July 26, 1994. Such an employer will be obligated to make a reasonable accommodation for the disabilities of any current or newly hired employee. This may include modifications of the buildings, such as yours, in which the employer conducts his or her business. Decisions about what is reasonable would be made on a case-by-case basis. We are unable to give you more specific guidance; implementation of title I is within the jurisdiction of the Equal Employment Opportunity Commission. We are enclosing the Title I regulation for your information.

I hope that this information will be of assistance to you in evaluating your obligations under the ADA. Sincerely, L. Irene Bowen Deputy Director Office on the Americans with Disabilities Act Enclosure: Title III Regulation EEOC Title I Regulation 01-00848

STARK MANUFACTURING, INC. 310 Pennington Dr P.O. Box 633 Paris, Arkansas 72855 (501) 963-3046 January 17, 1992 U.S. Department of Justice Civil Rights Division Office of the Americans with Disabilities Act P.O. Box 66118 Washington, D.C. 20035-6118 RE: TITLE III Public Accommodations Provisions To Whom it may concern: A few months ago I wrote to you requesting information on the new ADA act. Your department mailed me a Federal register and a booklet with questions and answers that was very helpful, and I appreciate it. Within the booklet are phone numbers to call for more specific information about ADA requirements affecting employment. I have called the number a total of ten (10) times, as of today, and have

become very aggravated with the facility I am phoning. The first three (3) times I called, a lady named Brenda took my message and assured me each time that she would have another lady named Mrs. Kay Klugh return my call. The last seven times, (last, Thursday & Friday, and every day this week) I called I have received a recording (which could not clearly be heard) and left a message for Mrs. Klugh to please return my call. It does not look good for an Official Office to handle there business in this manner. It also makes it very difficult to make every effort to comply with the new Act, and not be able to do so because of the very people who are requiring it. The name, address, and phone number of the facility I am referring to it: Equal Employment Opportunity Commission 1801 L Street NW Washington, DC 20507 1-800-669-4000 Could you please answer one question for me concerning the ADA Act? I work within a Manufacturing Company. We fully understand the requirements in employing disabled personnel. My question is in reference to Title III (Public Accommodations Provisions). This company hires through an employment agency. We do not accept application forms in our office area. Do we still need to make our front office area accessible to the disabled person, by January 26, 1992, will the front work, the front office ILLEGIBLE ILLEGIBLE

ADA Act (pg 2) January 17, 1992 As an example lets say they (any disabled person) did not know we were not accepting applications in the front office area, and they tried to come in to submit one. There is a 6 ' curb beginning at the front entrance walkway. We will eventually slant that curb, but until then are we in error with the Act? We realize that plans need to be outlined to comply in theses areas by July 26, 1992.

My Manager is waiting on an answer from me on this single question and I cannot get the answer anywhere, please help! Sincerely, Debra A. Hixson Personnel Assistant