DEC 20 1993 (STAMP

)

The Honorable Bob Dole United States Senator 444 S.E. Quincy Suite 392 Topeka, Kansas 66683 Dear Senator Dole: This is in response to your recent inquiry in behalf of your constituent, XX , regarding the Americans With Disabilities Act (ADA). XX owns a small business and has inquired whether the business must gross a certain dollar amount in order to be covered by the ADA. Your letter does not describe the nature of XX (b)(6) business. However, the scope of a business's obligation under title III of the ADA depends on whether it is a "commercial facility" or "public accommodation" within the meaning of title III. All nonresidential facilities that affect commerce, regardless of their size or income, are "commercial facilities" within the meaning of title III of the ADA. Certain categories of private businesses, regardless of their size or income, are considered "public accommodations" within the meaning of title III. See Section 36.104 of the title III regulations. Both commercial facilities and public accommodations are obligated under title III to perform new construction and alterations of facilities in compliance with the accessibility standards of the ADA. Public accommodations have additional obligations to implement nondiscriminatory policies and procedures in providing their goods and services, to provide appropriate auxiliary aids and services where necessary for effective communication with persons with disabilities, and to remove architectural barriers to access in their facilities where such removal is readily achievable. Title III provides that a business with ten or fewer employees and gross receipts of $500,000 or less cannot be sued for a failure to comply with these obligations that occurs prior to January 26, 1993.

cc: Recds, Chrono, Wodatch, Magagna, Johansen, McDowney, MAF, FOIA udd\johansen\dole2

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-2Failure to comply with these obligations subsequent to that date will render the business vulnerable to suit. Businesses may also have nondiscrimination obligations under title I of the ADA which deals with employment. For purposes of title I, the term "employer" is defined as a person engaged in an industry affecting commerce who has 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year, except that from July 26, 1992, through July 25, 1994, an employer means a person engaged in industry affecting commerce who has 25 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding year and any agent of such person. For further information about title I, XX (b)(6) should consult with the Equal Employment Opportunity Commission (EEOC). We are enclosing a copy of our ADA Handbook, published jointly with the EEOC, which contains the statute and the regulations under titles I and III of the ADA. We hope this information is helpful to you in responding to your constituent. Sincerely,

James P. Turner Acting Assistant Attorney General Civil Rights Division Enclosure

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