DJ 192-06-00005 JUN 3 1992 Ms. M.

Angela White Director Personnel Department Room 302 City Hall Annex Petersburg, Virginia 23803 Dear Ms. White: This responds to your inquiry concerning medical examinations of City employees. The ADA authorizes the Department to provide technical assistance to entities that are subject to the Act. This letter provides informal guidance to assist you in understanding how the ADA may apply to you. However, this technical assistance does not constitute a determination by the Department of Justice of your rights or responsibilities under the ADA and does not constitute a binding determination by the Department of Justice. The Department of Justice's regulation implementing title II of the Americans with Disabilities Act, which applies to all programs and activities of public entities, provides that the requirements of title I of the Act apply to employment by public entities that are covered by title I. Title I will apply to all employers, including public entities, with 25 or more employees, effective July 26, 1992, and to all employers with 15 or more employees effective July 26, 1994. Title I will be enforced by the Equal Employment Opportunity Commission (EEOC), whose implementing regulation you cite in your letter. Inquiries concerning that regulation should be directed to the EEOC at Equal Employment Opportunity Commission 1801 L Street, N. W. Washington, D. C. 20507 cc: Records CRS CSU Oneglia Breen FOIA Kaltenborn.white arthur T. 5/18/92 01-00858

DJ 192-06-00005 FEB 21 1992 Ms. M. Angela White Director Personnel Department Room 302 City Hall Annex Petersburg, Virginia 23803 Dear Ms. White: The Civil Rights Division of the Department of Justice has received your request for an interpretation of the Americans with Disabilities Act (ADA). The ADA authorizes the Department of Justice to provide technical assistance to entities that are subject to the Act. The Civil Rights Division will treat your inquiry as a request for technical assistance and will provide informal guidance to you. However, because of the large volume of requests for interpretations of the ADA, we are unable to answer your letter at this time. Please be assured that the Division will respond to your letter expeditiously. We regret any inconvenience caused by our delay in responding and have enclosed for your information two documents on the ADA: "Title II Highlights," and "Title III Highlights." Sincerely, Stewart B. Oneglia Chief Coordination & Review Section Civil Rights Division Enclosures cc: Records: CRS CSU Oneglia Kaltenborn: ca T. 2/20/92

UDD: arthur Kaltenborn.Interpretations 01-00859

City of Petersburg Personnel Department (804) 733-2324 January 13, 1992 Mr. Stewart Oneglia Office on the Americans with Disabilities Act U.S. Department of Justice Post Office Box 66118 Washington, D.C. 20035-6118 Dear Mr. Oneglia:

Room 302, City Hall Annex Petersburg, VA 23803

Please provide a written opinion in regard to the appropriate handling of the following situation as it pertains to Title I of the Americans with Disability Act. It is my understanding that the U.S. Department of Justice will enforce Title I as of January 26, 1992 even though the Equal Employment Opportunity Commission does not begin enforcement until July 26, 1992. Consequently, an expeditious response will be appreciated. Section 1630.14(c) Examination of Employees "permits periodic physicals to determine fitness for duty or other medical monitoring if such physicals or monitoring are required by medical standards or requirements

established by Federal, State or local law that are consistent with the ADA and this part in that they are job-related and consistent with business necessity." The City of Petersburg currently conducts a mandatory physical fitness program for sworn fire and police personnel in order to maintain the physical standards necessary to safely perform in these positions. As part of this program medical examinations are required every four years for those individuals forty (40) years or under and every two years for those over forty (40) years. The program and medical examinations are required by department policy, but not by federal, state, or local law. Are the medical examinations allowed under this act? Your guidance will be appreciated. Sincerely, M. Angela White Personnel Director MAW/vrs 01-00860