DJ 202-PL-00042 DJ 202-PL-00163

JUN 11 1992

Ms. Karen R. Fitzpatrick Pyramid Life Insurance Company 6201 Johnson Drive Shawnee Mission, Kansas 66202 Dear Ms. Fitzpatrick: This letter responds to your correspondence requesting information about 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 and obligations under the Act. This letter provides informal guidance to assist you in understanding the ADA accessibility standards. However, it does not constitute a legal interpretation and it is not binding on the Department. Your letter inquires as to your responsibilities as tenant and employer with respect to your field offices, and to what extent your responsibilities as a tenant are effected by the provisions of your lease with the building owners. Your inquiry with respect to your responsibilities as an employer should be directed to the Equal Employment Opportunity Commission (EEOC). That is the agency charged with enforcing the employment provisions in Title I of the ADA. You can write to the EEOC at 1801 L Street, N.W., Washington, D.C. 20507 or call the EEOC information line at (800) 669-EEOC. Title III of the ADA, which this office enforces, sets forth the obligations of privately owned places of public accommodations. With respect to the existing facilities, places of public accommodation are required to remove architectural barriers to access and structural communication barriers where it is readily achievable to do so. Readily achievable means easily cc: Records Chrono Wodatch Beard arthur T. 6/9/92 01-00901 ​ -2accomplishable without much difficulty or expense. The factors

to be considered in determining whether the removal of a particular barrier is readily achievable 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. If barrier removal is not readily achievable, you must take alternate steps to make services available to the extent such measures are themselves readily achievable. More stringent requirements apply for alterations and new construction. These obligations are imposed on both owners of the structures in which places of public accommodation are located, and on the operators of the places of public accommodation. These obligations were effective as of January 26, 1992, and cannot be delayed by any lease or other private agreement. The landlord and the tenant may allocate the expense of conforming to the requirements of Title III in their lease agreement, but both landlord and tenant remain obliged under the ADA to comply with its terms and remain liable for any failure to comply. These and other obligations imposed by the ADA are discussed in the enclosed Title III Technical Assistance Manual recently published by this Department. I hope this information will be useful to you. Sincerely, Joan A. Magagna Deputy Director Office on the Americans with Disabilities Act 01-00902 ​PYRAMID LIFE SINCE 1913 THE PYRAMID LIFE INSURANCE COMPANY, 6201 JOHNSON DRIVE, SHAWNEE MISSION, KANSAS 66202 (913) 722-1110 April 24, 1992 2nd request OFFICE ON THE ADA CIVIL RIGHTS DIVISION US DEPT OF JUSTICE PO BOX 66118 WASHINGTON DC 20035-6118

Gentlemen: We are an insurance company with our home office in Shawnee Mission, Kansas, but with 25 field offices located across the country. 1. What are our responsibilities as tenants and employers as regards the field offices? 2. Is the fact that we are incorporating a section in our leases requiring the landlord be responsible for making any alterations to comply with the accessility requirement of the ADA sufficient? 3. If we are in existing leases not due to expire until after July 31, 1992, maywe wait until the lease expires to require the landlord to comply with the ADA? 4. What if the landlord, by signing the lease, agrees to make any changes necessary, but then does not make them? What are our responsibilities at that point? Thank you for any assistance you can give me. I have read the Public Law 101-336 publication, but cannot find specific answers to the above questions. Sincerely, Karen R. Fitzpatrick Staff Accountant KRF:msw 01-00903