# 138 DJ 171-13-0 II-3.6000 June 23, 1994 Mr. Jim Lile Jefferson County Weed and Pest Management Specialist 100 Jefferson County Parkway Golden, Colorado 80419 Dear Mr. Lile: This is in response to your letter regarding multiple chemical sensitivity and chemical herbicides under the Americans with Disabilities Act of 1990 (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. Under the ADA, the Department of Justice declined to state categorically that allergy or sensitivity to environmental contaminants should be recognized as a disability because, in order to be viewed as a disability under the ADA, an impairment must substantially limit one or more major life activities. An individual's respiratory or neurological functioning may be so severely affected by allergies or sensitivity to chemicals that he or she will be considered disabled. Because certain individuals may be considered disabled under the ADA, entities using chemical herbicides may have to modify their operational policies in some situations. Your policy of maintaining a telephone recording identifying the dates and areas being treated may be sufficient to allow some individuals with multiple chemical sensitivity to benefit from Jefferson County's services, programs, and activities. On the other hand, there may be some instances where further reasonable modifications to your policies, such as rescheduling herbicide application, may be required for a particular individual on a particular date. You are not, however, required to make any modifications that would fundamentally alter the nature of the service, program, or activity being provided. I hope this information has been helpful to you. Sincerely, Merrily Friedlander Acting Chief Coordination and Review Section Civil Rights Division