MAY 26 1993


The Honorable John F. Kerry
United States Senator
One Bowdoin Square
Tenth Floor
Boston, Massachusetts 02114

Dear Senator Kerry:

     This letter is in response to your inquiry on behalf of your
constituent,    XX     (b)(6)     , concerning the applicability of
the Americans with Disabilities Act (ADA), 42 U.S.C. S 12181 -
12189, to individuals with gender identity disorder.

     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 your constituent 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 of Justice.

     Section 511 (b) of the ADA lists conditions, including
gender identity disorders not resulting from physical
impairments, that are not considered disabilities under the ADA.
Section 511 was added to the ADA during Senate consideration of
the bill and was adopted in the final passage of the Act.

     Because of the addition of section 511, individuals with
gender identity disorder are not covered by the ADA unless the
gender identity disorder results from a physical impairment or
unless they are discriminated against because of another covered
"disability" as defined in Section 3 (2) of the Act.


cc: Records; Chrono; Wodatch; McDowney; Magagna; Nakata; FOIA.
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     I hope this information is useful to you in responding to
your constituent. You may wish to inform your constituent that
further information is available through our Americans with
Disabilities Act Information Line at (202) 514-0301.

                                   Sincerely,




                                 James P. Turner
                         Acting Assistant Attorney General
                              Civil Rights Division

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