202-PL-289

JAN 26 1993

Mr. Ed Semchenko Lockwood Greene Engineers, Inc. 1500 International Drive P.O. Box 491 Spartanburg, South Carolina 29304 Dear Mr. Semchenko: This letter is in response to your inquiry about employee work areas under the Americans with Disabilities Act (ADA). You asked whether section III-7.3110 of the Title III Technical Assistance Manual, which provides that building owners may not construct inaccessible employee areas in new buildings based on a belief that persons who use wheelchairs cannot perform the types of job that will be performed in those areas, is inconsistent with ADA provisions. The discussion to which you refer relates only to new construction and alterations of work areas in places of public accommodation and commercial facilities. The ADA regulation and accessibility guidelines require that work areas be designed and constructed so that persons with disabilities may approach, enter, and exit the areas. They do not require that each individual work station be made fully accessible at the design and construction phase. The ADA sections that you cite as potentially inconsistent with the statement in the Technical Assistance Manual focus on employment discrimination and barrier removal in existing facilities. Individual capabilities, of course, are relevant in determining whether with reasonable accommodation an individual with a disability is qualified for a particular job. In some cases, existing work areas and individual work stations will need to be made accessible as a reasonable accommodation.

cc: Records, Chrono, Wodatch, Breen, Novich, Friedlander, FOIA

Udd:Novich:policy:289 01-01867​ -2I hope this information has been helpful to you. Sincerely,

John L. Wodatch Chief Public Access Section 01-01868​ LOCKWOOD GREENE Planners Engineers Architects Managers Lockwood Greene Engineers, Inc. 1500 International Drive P.O. Box ILLEGIBLE Spartanburg, SC 29304 Main (803)578-2000 Fax (803)599-0436 August 6, 1992 Mr. John R. Dunne Assistant Attorney General Civil Rights Division U. S. Department of Justice P. O. Box 66118 Washington, DC 20035-6118 Dear Mr. Dunne: Thank you for sending me a copy of your Title III Technical Assistance Manual. It has been a great aid to us. I do however have an issue that I would like clarified. Article III-7.3110 Paragraph 5 of the Technical Assistance Manual reads in part as follows: What if an owner of a building believes that an

individual who uses a wheelchair could never do the kind of job that will be performed in the particular area? Does the area still have to be made accessible? Yes. The ADA does not permit such assumptions to be made about the capabilities of individuals with disabilities. As an architect dealing primarily with industrial clients, I often deal with work areas which require very heavy manual labor in wet or otherwise difficult working conditions. These areas are found in some textile and food processing facilities and do not appear to be practical for wheelchair employees. ADA Title I Sec. 102(b)6 reads as follows: (6) using qualification standards, employment tests or other selection criteria that screen out or tend to screen out an individual with a disability or a class of individuals with disabilities unless the standard, test or other selection criteria, as used by the covered entity, is shown to be job-related for the position in question and is consistent with business necessity;. . . ADA Title I Sec 103(a) says that screening which is ". . .job related and consistent with business necessity..." may be a defense to a charge of discrimination. 01-01869 Mr. John R. Dunne Department of Justice August 6, 1992 Page 2 ADA Title III Sec 301(9) reads in part as follows: In determining whether an action is readily achievable, factors to be considered include--...(D) the type of operation or operations of the covered entity, including the composition, structure and functions of the workforce of such entity;... To me, the wording in the Technical Manual is not fully consistent with the provisions of the law. It appears that the ADA does provide for an evaluation of the capabilities of individuals with disabilities. Please clarify this issue so we can properly carry out the intent of the ADA.

Thank you for your service. We appreciate your response in this matter. Sincerely, LOCKWOOD GREENE

Ed Semchenko ADADUNNE.LTR 01-01870