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Volume 5, Number 3
ADA DRAFT REGULATIONS ISSUED BY THE DEPARTMENT OF JUSTICE AND EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
On February 21, 1991, the Department of Justice issued draft regulations to enforce the public accommoda tions provisions of the Americans with Disabilities Act (Title III). The notice of proposed rulemaking published in the Federal Register on February 22 provides for a 60 day comment period, and public hearings to be held in Dallas, Texas on March 4-5, Washington, D.C. on March 13-15, San Francisco, on March 18-19, and Chicago on March 27-28.
The Equal Employment Opportunity Commission issued draft regulations to implement the employment provisions of the ADA (Title 1). The regulations were published in the Federal Register on February 28, and provide for a 60 day comment period to April 29, 1991. No public hearings are scheduled.
On January 22, the Architectural and Transportation Barriers Compliance Board (ATBCB) issued "proposed guidelines to provide guidance to the Department of Justice in establishing accessibility standards for new con struction and alterations in places of public accommodation and commercial facilities." The ATBCB guidelines provided technical architectural and design guidance for making newly constructed buildings and altered buildings accessible to individuals with disabilities.
The Department of Justice will also issue regulations to enforce the provisions of ADA that cover state and local governments (Title II). The Department of Transportation has issued regulations to implement the acces sibility requirements for newly purchased or leased vehicles (Titles II and III), and will issue regulations to im plement other transportation provisions; and the Federal Communications Commission will issue regulations for telephone relay systems (Title IV).
Background
Title III of the Americans with Disabilities Act provides that no individual shall be discriminated against in the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of any place of public accommodation on the basis of a disability. Public accommodations include: restaurants, retail stores, convention centers, recreational facilities, hotels, doctor offices, banks, theaters, pharmacies, grocery stores, and shopping centers. Existing facilities must be made accessible if the changes are "readily achievable", i.e., can easily be accomplished without much difficulty or expense. If an entity can demonstrate that the removal of a barrier is not readily achievable, then the legislation requires that such goods, services, facilities, etc. be provided through alternative methods if such methods are readily achievable. Auxiliary aids and services must be provided unless this would cause an undue burden.
New construction and renovations must be designed to be readily accessible to and usable by people with dis abilities.. The requirements for new construction refer to facilities designed or constructed for first occupancy after January 26, 1993. Elevators need not be installed if the building has fewer than three stories or has less than 3,000 square feet per floor; however, if the building is a shopping center, shopping mall, or offices for health care providers this exception does not apply, nor does it apply if the Attorney General decides that other categories of buildings require elevators.
The provisions of Title III become effective on January 26, 1992.
Title I of the ADA provides that an employer, employment agency, labor organization, or joint labor-manage ment committee may not discriminate against a qualified individual with a disability because of the disability in regard to any term, condition or privilege of employment. The bill covers employers of 15 or more employees, and takes effect on July 26, 1992, except that for the first two years after that date it covers only employers with 25 or more employees.
A qualified person with a disability means an individual with a disability who, with or without reasonable ac commodation, can perform the essential functions of the employment position that such individual holds or desires. The term does not include an employee or applicant who is currently engaging in the illegal use of drugs.
The bill allows religious organizations to give preference in employment to their members and to require that all applicants and employees conform to the religious tenets of such organization.
  
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