T. 4/22/92
SBO:MF:NM:hb
DJ# 192-16i-00014


Mr. (b)(6)
XX
Stoneboro, Pennsylvania 16153

Dear Mr. (b)(6)

        This is in response to your letter to our office concerning
the Americans with Disabilities Act (ADA).

        The ADA authorizes the Department of Justice to provide
technical assistance to entities that are subject to the Act.
This letter provides informal guidance to assist you in
understanding how the ADA may apply to you. However, this
technical assistance does not constitute a determination by the
Department of Justice of your rights or responsibilities under
the ADA and does not constitute a binding determination by the
Department of Justice.

        Title III of the ADA covers public accommodations and
commercial facilities. The remedies available under title III
depend upon the type of suit being brought. In a private suit,
the available remedies are injunctive relief and attorney's fees,
but not damages. If a suit is brought by the Department of
Justice under title III, the remedies available are injunctive
relief, damages to individuals, and civil penalties or fines.
Title III of the ADA became effective on January 26, 1992,
generally. New facilities for which construction began after
January 26, 1992, for first occupancy after January 26, 1993,
must be fully accessible.

        Title II of the ADA, which covers State and local government
entities, incorporates by reference the remedies, procedures, and
rights set forth in section 505 of the Rehabilitation Act of
1973. The remedies authorized by section 505 include injunctions
and damages in certain cases, but they do not include civil
penalties. Title II of the ADA became effective on January 26,
1992.

cc: Records; CRS; Oneglia; Friedlander; Milton; FOIA; hb
01-00646
                                - 2 -
        Title I of the ADA covers employment by all employers, other
than the Federal government, with 15 or more employees. Title I
becomes effective on July 26, 1992, for employers with 25 or more
employees, and on July 26, 1994, for employers with 15-24
employees. For information on the remedies available under title
I, you should contact the Equal Employment Opportunity
Commission, 1801 L Street, N.W., Washington, D.C. 20507, at (800)
669-EEOC.

        A packet of materials on the ADA, including the ADA
Accessibility Guidelines, is enclosed for your further
information. Also enclosed is a copy of the Department of
Justice's regulation for the coordination of nondiscrimination in
federally assisted programs, which was issued pursuant to section
504 of the Rehabilitation Act of 1973. If you are interested in
receiving additional information about the Rehabilitation Act of
1973, you should contact the Government Printing Office,
Superintendent of Documents, Washington, D.C. 20402, at
(202) 783-3238.

        I hope this information has been helpful to you.

                                        Sincerely,

                                    Stewart B. Oneglia
                                          Chief
                             Coordination and Review Section
                                  Civil Rights Division
Enclosures (5)
01-00647
                                                3/12/92
Dear Sir:
        I am a citizen of the United States.
        I would like to learn more about the American with Disabilities
Act (1989). I am most interested in the area of remedies to stop
discrimination. Also, I would appreciate any detailed information
on the Rehabilitation Act of 1973. Guidelines for accessibility would
helpful.
        Thank you.
        (b)(6)                     Sincerely Yours,
        XX
  Stoneboro, PA 16153               XX
                                   (b)(6)
01-00648