DJ 202-PL-554 NOV 29 1993 Mr. Mike Warren Storage Systems Company 130 East Chestnut Street Columbus, Ohio 43215 Dear Mr. Warren: I am responding to your letter concerning the requirements of the Americans with Disabilities Act (ADA), in which you asked: 1) When a covered entity would be required to purchase and install the type of office systems equipment that your company sells; 2) What the consequences of failure to comply with the ADA would be; and 3) What liability you may incur if you fail to inform your customers of their ADA obligations. The ADA authorizes the Department of Justice to provide technical assistance to individuals and entities that have rights or responsibilities under the Act. This letter provides informal guidance to assist you in understanding the ADA. However, this technical assistance does not constitute a legal interpretation of the ADA, and it is not binding on the Department. The ADA prohibits discrimination on the basis of disability in employment, in the provision of public services, in transportation, and in the operation of places of public accommodation. In addition, the ADA requires newly constructed or altered public buildings, places of public accommodation, and commercial facilities to be accessible to people with disabilities. Enforcement of these ADA requirements is divided among the Equal Employment Opportunity Commission, the Department of

Transportation, and the Department of Justice. Each of these enforcement agencies has issued regulations to implement the ADA provisions within its jurisdiction. The determination of any cc: Records, Chrono, Wodatch, Blizard, Friedlander n:\udd\blizard\adaltrs\warren 01-02748 -2entity's specific responsibility under the ADA requires a caseby-case analysis. The Department of Justice has issued regulations to implement the ADA requirements that apply to public entities, public accommodations, and commercial facilities. The Department has also published two technical assistance manuals to assist individuals and entities affected by the ADA to understand the Act. Copies of these documents are enclosed for your information. These documents should enable you to determine how title II and title III of the ADA apply to your customers and to determine what enforcement measures may be taken against covered entities that fail to meet their obligations. To obtain information about the employment requirements that may apply to your customers, you may write to the Equal Employment Opportunity Commission (1801 L Street, N.W., Washington, D.C. 20507). Information about the transportation requirements of the ADA may be obtained from the U.S. Department of Transportation (400 Seventh Street, S.W., Washington, D.C. 20590). With respect to your potential liability, please note that the ADA imposes no obligation on vendors to advise their customers about their legal obligations. However, the ADA does not alter any other State or Federal law that may govern your responsibilities to your customers; therefore, you may have liability arising from a statutory or common law obligation unrelated to the ADA. To determine your specific obligations, you should consult with your own attorney. I hope that this information is helpful to you.


John L. Wodatch Chief Public Access Section Enclosures