T.

2-23-98

MAR 5 1998

D.J. No. 202-50-0

FIRST CLASS MAIL

The Honorable Daniel Patrick Moynihan

United States Senator
United States Senate
Washington, D.C. 20510-3201

Dear Senator Moynihan:

I am responding to your letter on behalf of your

constituent, XXX . Mr. XXX wrote to you about his
general concerns about the Americans with Disabilities Act.

As you requested, we have responded directly to Mr. XXX

and have enclosed a copy of our response for your records. I
hope this information is helpful to you and your constituent.

Sincerely,

Bill Lann Lee

Acting Assistant Attorney General
Civil Rights Division

Enclosures

cc: Records, Chrono, Wodatch, Blizard, McDowney, Hahm, FOIA

jhahm\myfiles\plcyltrs\moynihan.wpd

U.S. Department of Justice

Civil Rights Division

D.J. No. 202-50-0 Disability Rights Section

P.O. Box 66738
Washington, DC 20035-6738

FIRST CLASS MAIL

FEB 23 1998
Mr. XXX
XXX
Syracuse, NY XXX

Dear Mr. XXX :

I am writing in response to your letter to Senator Daniel

Patrick Moynihan, which the Department of Justice received on
February 3, 1998, regarding questions about the Americans with
Disabilities Act (ADA).

The ADA authorizes the Department of Justice to provide

technical assistance to individuals and entities having rights or
obligations under the Act. This letter provides informal
guidance to assist you in understanding the ADA's requirements.
However, it does not constitute a legal interpretation or legal
advice, and it is not binding on the Department.

The ADA prohibits discrimination on the basis of disability

in employment, State and local government, public accommodations,
commercial facilities, transportation, and telecommunications.
The following four Federal agencies are primarily responsible for
enforcing the ADA. The U.S. Equal Employment Opportunity
Commission enforces ADA provisions prohibiting discrimination in
employment against qualified individuals with disabilities
(title I). The U.S. Department of Justice enforces ADA
provisions prohibiting discrimination on the basis of disability
in State and local government services (title II), and in public
accommodations and commercial facilities (title III). The U.S.
Department of Transportation enforces ADA provisions that require
nondiscrimination in public and private mass transportation
systems and services. The Federal Communications Commission
enforces ADA telecommunications provisions (title IV).

The elements that an ADA claimant must prove vary slightly

depending on the particular claim. For example, an ADA title I
claimant must show that (1) he has a disability within the
meaning of the ADA; (2) he is qualified for the job, with or
without reasonable accommodation, and is able to perform the
essential functions of the job; (3) he was subjected to an
adverse employment decision; (4) the employer knew or had reason
to know of his disability; and (5) he was replaced by a

non-disabled person or treated less favorably than a non-disabled

person. An ADA title II claimant must show that (1) she has a
disability within the meaning of the ADA; (2) she is qualified,
with or without reasonable modifications to rules, policies, or
practices, and meets the essential eligibility requirements for
the receipt of services or the participation in programs or
activities; and (3) by reason of such disability, she was denied
the benefits of the services, programs or activities by a public
entity. An ADA title III claimant must show that (1) he is
disabled within the meaning of the ADA; (2) a private entity
owns, leases (or leases to), or operates a public place of
accommodation; and (3) he was denied the opportunity to
participate in or benefit from services or accommodations on the
basis of his disability.

Remedies available under the ADA also vary depending on the

claim. Under title I, remedies available may include hiring,
reinstatement, promotion, back pay, front pay, reasonable
accommodation, or other actions that will make an individual
"whole." Compensatory and punitive damages also may be available
where intentional discrimination is found. Under titles II and
III, remedies available may include an order granting temporary,
preliminary, or permanent relief; requiring that facilities be
made readily accessible to and usable by individuals with
disabilities; requiring provision of an auxiliary aid or service;
or requiring modification of a policy, practice, or procedure.
In addition, the Department may request monetary damages for
individual victims and/or civil penalties against covered
entities.

Enclosed, among other things, is a booklet entitled "A Guide

To Disability Rights Laws" that provides an overview of Federal
civil rights laws that ensure equal opportunity for people with
disabilities. Also enclosed is the most recent status report
that summarizes ADA activities of the Department of Justice
during the fourth quarter of 1997. In addition, enclosed is a
list containing telephone numbers and Internet and electronic
bulletin board addresses of federal agencies and other
organizations that provide information about the ADA.

I hope this information is helpful to you.

Sincerely,

John L. Wodatch
Chief
 Disability Rights Section

Enclosures

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