DJ 202-PL-786




                                                       MAY 3 1994

Mr. Warren T. Hanna
Executive Director
Hard of Hearing Advocates
245 Prospect Street
Framingham, Massachusetts 01701

Dear Mr. Hanna:

     This letter is in response to your recent letter inquiring
whether individuals who sell hearing aids have an obligation
under the Americans with Disabilities Act (ADA) to advise
customers about the option of installing a telecoil device in the
hearing aids.  You indicate that such devices can offer
advantages to the user where assistive listening systems are
available and in other circumstances.

     The Americans with Disabilities Act (ADA) authorizes the
Department of Justice to provide technical assistance to
individuals and entities having rights or obligations under the
Act.  This letter provides informational guidance to assist you
in understanding the ADA's requirements.  However, it does not
constitute a legal interpretation, and is not binding on the
Department.

     Title III of the ADA does not require sales establishments
to alter their inventory to carry accessible or special products
that are designed for persons with disabilities.  When such
goods, such as hearing aids, are offered, the ADA does not
require the sales establishment to educate consumers about all
the use options or other products that might be of benefit.

     The ADA is a civil rights statue that is intended to
prohibit discrimination against persons with disabilities in many
aspects of their lives.  It is not structured to guarantee that
the most desirable or beneficial services and products possible
will be made available to persons with disabilities.  The
circumstance you describe where salespersons fail to notify

cc:  Records, Chrono, Wodatch, Magagna, MAF, FOIA
     udd\bwms\hanna.jam










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hearing aid purchases that telecoil devices will be very useful
to them does not constitutee discriminatory conduct in violation
of title III.

     I hope that this information is responsive to your question.

                         Sincerely,



                      John L. Wodatch
                           Chief
                   Pubic Access Section