APR 29 1992

DJ 181-06-0010
Mr. Walter Laroque
Laroque Consulting/Training, Inc.
2640 Canal Street
Suite 304 - Third Floor
New Orleans, Louisiana 70119-6410

Dear Mr. Laroque:

This responds to your letter to Barbara Drake, Stewart

Oneglia, and John Wodatch. Your request for written materials
has been referred to our publications unit.

Although Federal Executive agencies are not covered by the

Americans with Disabilities Act (ADA), they are covered by
sections 501 and 504 of the Rehabilitation Act of 1973, as
amended, 29 U.S.C. SS791 and 794. Because section 504 served as
the model for the requirements of the ADA, the requirements for
Executive agencies are substantially the same as the requirements
for private employers under the ADA. The Federal judiciary,
however is covered by neither the ADA nor the Rehabilitation Act.

Section 304 of the ADA prohibits discrimination on the basis

of disability in the provision of transportation services to the
general public by bus, rail, or any other conveyance on a regular
and continuing basis by any private entity that is primarily
engaged in the business of transporting people and whose
operations affect commerce. This requirement would include taxi
services.

Your questions concerning the employment requirements of

title I should be addressed to the Equal Employment Opportunity
Commission. We note, however, that there is no requirement for
development of a strategic plan or conducting of training
seminars.

Section 310 of the ADA was intended to defer the effective

date of title III for small businesses. The regulation is taken
directly from the statute and provides that, except for any civil
action brought for a violation of section 303 of the Act, no
civil action shall be brought for any act or omission described
in section 302 of the Act that occurs-
cc: Records, CRS, Kaltenborn, Friedlander, Craig, FOIA:dhj
udd:Kaltenborn:Laroque
01-00661
​ -2-
(1) Before July 26, 1992, against businesses with 25 or
fewer employees and gross receipts of $1,000,000 or less.
(2) Before January 26, 1993, against businesses with 10 or
fewer employees and gross receipts of $500,000 or less.
The effective date for public accommodations not covered by
this provision is January 26, 1992. All public accommodations
are fully covered, and subject to suit, after January 26, 1993.
I hope this information is helpful.
Sincerely,

Stewart B. Oneglia
Chief
Coordination and Review Section
Civil Rights Division
01-00662
​Friday - 16 August 1991
THIS LETTER IS INDIVIDUALLY ADDRESSED, AND SEPARATELY
MAILED, TO EACH OF THE
THREE PEOPLE SHOWN BELOW AS THE ADDRESSEES
Ms. Barbara S. Drake Mr. Stewart B. Oneglia - Chief
Deputy Assistant Attorney Coordination and Review Sec-
General - Civil Rights tion - Civil Rights Division
Division - U. S. Depart- U. S. Department of Justice
ment of Justice Washington, DC 20530
Washington, DC 20530

Mr. John L. Wodatch - Direc-

tor - Office on the Ameri-
cans With Disabilities - Civ -
il Rights Division - U.S.
Department of Justice
Washington, DC 20530

Dear Ms. Drake and Messrs. Oneglia and Wodatch:

We have been "commissioned", by the CHAMBER/New Orleans and the River

Region
(ie: the New Orleans Chamber of Commerce) to write, and conduct, public
training seminars, for businesses, employers, and others, affected by the
provisions of PL 101-336 - AMERICANS WITH DISABILITIES ACT OF 1990
(short
title: ADA). That Chamber's membership is found in the 7 Civil Parishes (ie:
Counties in other States) of: Jefferson, Orleans, Plaquemines, St. Bernard,
St. Charles, St. James and St. John the Baptist.

We come to you to request you factually/legally assist our effort. We ask that
you send us certain written materials. We ask you for certain legal and/or
other clarifications. Please help us in these specific areas:

WRITTEN MATERIALS (Affecting TITLES II, III and IV only): Copies of: (a)
final
rules and interpretive appendices, in LARGE PRINT - (b) - compliance manuals -
(c) - policy guidances - (d) - any other written pieces re: USDJ's approach to
the implementation of the ADA and the enforcement of its legal and regulatory
requirements and (e) parts of compliance manuals, now completed, even though
the total manuals are not now available.

LEGAL AND/OTHER DEFINITIVE INTERPRETATIONS (Re: TITLES II, III

and IV, except
for Request One below):

Request One: (Re: TITLE I) - Act's Coverage: TITLE I - EMPLOYMENT SEC.

101.
DEFINITIONS (5) EMPLOYER (B) EXCEPTIONS (i) - says: "The term
'employer' does
not include - (i) the United States, a corporation wholly owned by the
government of the United States ***. OUR QUESTION: Does this mean that the
Executive and Judicial Branches of the Federal Government, and the Federal
Agencies, under these two Branches, are exempt (as employers) from the
provisions of the Act (PL 101 336)? We note that Section 509 of TITLE Vof that
Act says: the ADA covers Congress and Senate (the Legislative Branch) and
certain agencies of that Branch.

Request Two:
Possible Contradiction: Section 506 (PL 101 336) - TECHNICAL ASSISTANCE
(c)
IMPLEMENTATION - (3) TECHNICAL ASSISTANCE MANUALS says: "Each
Federal agency
that has responsibility *** shall ***ensure the availability and provision of
technical assistance manuals to individuals or entities with rights or duties
under this Act ***." Then, in (e) further down, in the Act, it says: "***shall
not be excused from compliance with the requirements of this Act because of
any
failure to receive technical assistance under this section, including any
failure in the development or dissemination of any technical assistance manual
authorized by this section." To us this sounds unfairly punitive and
contradic-
01-00663
​Page 2 - Walter Laroque's 16 August 1991 Letter to Ms. Barbara S. Drake and
Messrs.Stewart B. Oneglia and John L. Wodatch - U. S. DEPARTMENT OF
JUSTICE - Washington DC

tory since, in one place it says: "ensure availability and provision" and then
later, no excuse: "because of any failure ***including any failure in the
development, etc."

Request Three:
Taxis: Buses, and trains, as forms of public transportation are mentioned in
the Act. OUR QUESTION: Are taxis, as a mode of public transportation, exempt
from coverage under the ADA?

Request Four:
We read a newspaper news article. It said that ADA-covered employers will be
required to: (A) - prepare a STRATEGIC PLAN and (B) - conduct educational
training seminars re: TITLES I, II, III and IV, for their staffs. Are these
two things so? We did not find these two requirements mentioned anywhere in
the ADA (PL 101 336).

Request Five:
If a STRATEGIC PLAN is a legal and/or regulatory requirement of employers,
please send us (a) - a model or format for one of these PLANS and/or (b) - a
statement of the content, needed, in one of these PLANS, which would fully
satisfy the requirements for an acceptable STRATEGIC PLAN, if this type PLAN,
indeed, will be required. And,

Request Six:
We are probably reading it incorrectly. We are probably missing the point. We
are sure you can correct our reading. We are certain you can help us see the
point. Such help, in interpretation, on your part, is hereby requested.
Situation: It concerns a piece prepared by Erica Jones (possibly associated
with: President's Committee on Employment of People With Disabilities). This
is excerpted from it:

Why this seemingly (at least to us) unnecessary language? It refers to TITLE
III(A). We opine: if a Company has (a) - 2 employees, then those 2 are:
"***(25)or less employees" and (b) - revenue of $100, then those $100 are:
"***$1 million or less". And, what happens to a Company with 26 employees and
$1,000,001 in revenue? Are they not covered?

NEW SUBJECTS:
NS#1: We wish to be active in the promotion, advancement and
educational/training aspects of the ADA.

(COPY OF PIECE OF PAPER ON PAGE) A. Public accommodations (all business

and
service providers - January 26, 1992, for businesses with twenty-five (25) or
less employees and revenue $1 million or less; January 26, 1993, for
businesses with ten (10) or less employees and revenue $500,000 or less.

Section 506 (d) (1) and (2) refer (at least in our opinion, they seem to) to
the need, for people, like us (ie: LAROQUE CONSULTING/TRAINING, Inc.) to
assist in effectuation of the intents and purposes of the AMERICANS WITH
DISABILITIES ACT.

OUR QUESTION: To whom can we go to get information in this matter of

assistance in effectuation of the intents and purposes of the ADA?

NS#2: Please send us: (1) regulations implementing Section 504 of the
Rehabilitaation Act of 1973, transferred to your Department, in 1980 by
Executive Order 12250 (2) a copy of EO 12250 (3) the Federal Register of 26
July 1991 Part II - Architectural and Transportation Barriers Compliance Board
and (4) the Regulatory Flexibility Act and the Paper Work Reduction Act.

Thanks for your assistance in fulfilling the requests, made in this letter.
And, we reiterate our interest: to have our seminars be: accurate - correct
factual - legal in their
01-00664​
Page 3 - Walter Laroque's 16 August 1991 Letter to Ms. Barbara S. Drake and
Messrs. Stewart B. Oneglia and John L. Wodatch - U. S. DEPARTMENT OF
JUSTICE - Washington DC

subject content!

Ms. Drake and Messrs. Oneglia and Wodatch, we have attached, to this letter, a
copy of one we wrote, on 26 July 1991. It is sent to you with the hope that it
will be, to you, or others, useful, in addition, we would also hope, to being
merely informative.

SICUT PATRIBUS, SIT DEUS NOBIS!

(picture)
Sincerely,

Walter Laroque
Attachment (As described in this letter)
wjl/eka
01-00665
​ LAROQUE CONSULTING / TRAINING, Inc.
Suite 304 - Third Floor
2640 Canal Street
New Orleans, Louisiana 70119-6410
(504) 827-8601
Friday - 26 July 1991

WHILE THIS LETTER APPEARS TO BE JOINTLY ADDRESSED - IT

IS, IN FACT, INDIVIDUALLY ADDRESSED, TO EACH OF THE
TWO SEPARATE ADDRESSEES, AND IT IS INDIVIDUALLY MAILED
TO THEM.

Mr. Charles L.Gambel, Jr. Mr. Conrad Meyer IV

President Attorney at Law
GENERAL HEATING AND AIR BALDWIN AND HASPEL LAW
CONDITIONING OFFICES
3500 Monticello Avenue 2200 Energy Centre
New Orleans, LA 70118 New Orleans, LA 70163-2200

Dear Messrs. Gambel and Meyer:

The Latin Scholar is wont to say: VERBUM SAT SAP-

IENTI! Or, as we, in the practical world of commerce
always exclaim: Let a Word to the Wise be Sufficient!

In June, I made a promise to both of you. This is an

interim/status report in the matter.

The monthly Meeting of the CHAMBER/New Orleans and the

River Region, convened on: 13 June 1991

During that Meeting I made a brief statement. It was

to this effect: The 1990 AMERICANS WITH DISABILITIES
ACT - Public Law 101-336, signed into law on 26 July
1990, is fraught with peril for those affected com-
panies and organizations who ignore, or, are ignorant
of, its legal provisions, and the rules and regula-
tions to enforce its effect.

I mentioned that our Company was planning, in our pri-

vate practice, to prepare a training program to cov-
er its legal requirements upon companies/organizations
affected by it.
And, the design of the program, to be how our clients,
and others interested, and hiring us, can be shown how
to comply with the law, and thus avoid the costly pen-
alties, and legal actions, coming from their viola-
tions - purposeful or not!

You both showed interest in my comments made to the

CHAMBER's Board. Then each of you asked us to send you
a copy of our training program.

I promised to fill your request. And, when the train-

ing program is complete and published, I shall do so.

In the meantime here are some important informative

Dick Thornburgh, U.S. Attorney General,

says, "The Americans with Disabilities Act
gives civil rights protection to individuals
with disabilities similar to those provided to
individuals on the basis of race, sex, national
origin and religion ... Fair, swift and effec-
tive enforcement of this landmark civil rights.
legislation is a high priority of the Depart-
ment of Justice." The Justice Department
will file lawsuits on behalf of disabled indi-
viduals, with businesses incurring their own
legal expenses. The purpose of these lawsuits
will be to stop discrimination and to seek
monetary damages and penalties for the dis-
abled individual.

The real impact of the public accommoda-

tions section is that it requires everyone doing
business with the public to serve the disabled
just as they serve anyone else. The Depart-
ment of Justice considers expenses associated

Educational training seminars must be held to

educate staff on both public accommodation
and employment. Searching for loopholes or
window-dressing actions w ill not pass muster
as a good-faith effort. Anything less than a
sincere attempt to conform may result in
monetary damages, penalties and a shocking
backlash of negative publicity. If an
organization does not understand this legisla-
tion, that organization has a cause for legiti-
mate concern.

From his wheelchair, EEOC Chairman

Evan Kemp Jr., a top law school graduate
from the University of Virginia and a former
employee of the Ralph Nader-sponsored
Disability Rights Center, intends to attack
disability discrimination in the workplace.
His enforcement will include scrutiny of the
subtle discrimination in training, promotions,
assignments and reward structures. His con-
cerns are not limited to entry-level employ-
ees, but also encompass discrimination that
keeps the disabled out of executive suites.
01-00666​
Page 2 - Walter Laroque's 26 July 1991 Letter to Messrs. Gambel and Meyer -
RE:
The AMERICANS WITH DISABILITIES ACT - 1990

(in the broadest - non-detailed sense) highlights re: THE 1990 ADA:

CHAMBER'S REQUEST OF US: Mr. Ronnie Robert is Chairman of the Executive

Committee of the CHAMBER's SMALL BUSINESS COUNCIL. He has requested
us to
consider giving training to Member companies/organizations of the CHAMBER.
We
have answered "Yes" to his request.

MEANS OF DELIVERING PROGRAM WITHIN THE CHAMBER: We envision

three possible
ways to present our material, to suffice the CHAMBER's needs: (1) - To the
Board, and anyone else it chooses and invites to hear our presentation (2) -
The CHAMBER's monthly evening program: "BUSINESS AFTER HOURS - 60-
MINUTE
SUBJECT PRESENTATION" and (3) - "CHAMBER SPOTLIGHT" - a radio show.
Or, any
other program delivery means the CHAMBER may decide.

STRATEGIC PLAN AND EDUCATIONAL TRAINING: The Act requires a

company or
organization to prepare a STRAGETIC PLAN. And, to conduct Educational
Training
Seminars to educate their staffs re: the Employment and Public Accommodations
Titles of the Act.

SPECIFIC AREAS OF THE ACT'S COVERAGE: The Act consists of five

TITLES. These
are: (I) - Employment (II) - Public Services (State and Local Governments -
including transportation) (III) - Public Accommodations (operated by private
companies/organizations) (IV) - Telecommunications and (V) - Miscellaneous
(the Act's relationship to other laws). It is our belief that the most
generally applicable provisions most widespread in their affect upon
businesses and organizations will be TITLES: I - II and III.

EFFECTIVE DATES: Several. 26 July 1992 for Title I. 26 January 1992 for
Titles II and III. 26 July 1993 for Title IV. And, Title V's effective date is
contingent upon actions outcoming from application/enforcement of the other
Titles.

FEDERAL ENFORCEMENT AGENCIES: Title I's enforcement has been assigned

to the
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION. The JUSTICE
DEPARTMENT, broadly, will
enforce the remaining Titles.

REMEDIES AND PENALTIES: Private rights of action. Injunctive relief. Job

reinstatement. Back pay. Equal Employment Opportunity Commission enforcement.
Damages, in certain cases. Civil penalties. Compensatory damages. And, relief
generally available through the Federal Communications Commission.

LEGAL FEES: The Department of Justice will file lawsuits on behalf of disabled
individuals. Business and organizations will incur and pay their own legal
costs.

BUSINESSES/ORGANIZATIONS AFFECTED BY THE ADA - 1990: Title

I:Companies/organi-
zations employing 25 plus employees working on 26 July 1992. Then, on 26 July
1994, the 25 drops to 15. A Part of Title III: Companies/organizations (all
business and service providers) on 26 January 1992, with 25 or less employees
and $1,000,000, or less, in revenue. Then, on 26 January 1993, this criterion
changes to 10 or less employees, and revenue of $500,000 or less.

ACT-COVERAGE EXEMPTIONS: Section 307 (Affecting: Title III - Public

Accommodations) of the Act exempts from coverage: (a) - private clubs (b) -
establishments previously exempted under Title VII of the Civil Rights Act of
1964 and (c) religious organizations or entities controlled by religious
organizations. Places of worship are included under the exemption. Re: (c) -
religion: A catch!: Not applicable if Federal funding is accepted. EXAMPLE:
The Society of Jesus - the Jesuits, operate New York's Fordham University.
If that University gets any kind of Federal funding, the exemption, then,
does not apply.

UNDER THE ACT - WHAT IS A DISABILITY: It can be from "A" to "V". AIDS
to
Visual Disability and beyond. The definition is all-inclusive. Example: While
it does not include illegal users of alcohol and/or drugs, it does not permit
discrimination vs. those no longer illegally using drugs/alcohol, but who are
undergoing rehabilitation and treatment or those who have successfully
completed such. Disability is not a consideration if the disabled person can
perform the essential functions of the job. The disability becomes a
consideration when: there is a "direct threat". This means: a significant risk
to the
01-00667
Page 3 - Walter Laroque's 26 July 1991 Letter to Messrs. Gambel and Meyer -
RE: The AMERICANS WITH DISABILITIES ACT - 1990

health or safety of others which cannot be eliminated by reasonable

accommodation.

AFFIRMATIVE ACTION: Not, at this time, generally required under the ADA.
However, Federal funding again comes into play here. Also, performance of
"Agency Services" for the Federal Government. In the instances of acceptance
of Federal funds and performing "Agency Services", then Affirmative Action
becomes a requirement. Example of "Agency Services": A bank, selling and
redeeming U. S. Savings Bonds.

EQUAL EMPLOYMENT OPPORTUNITY: For all intents and purposes, disabled

persons
will join others in the Title VII (Civil Rights Act of 1964) Protected Classes
(eg: blacks, women et al). Equal Employment Opportunity is not only hiring. It
is training, promotions, assignments, re-assignments, rewards, and other
employment benefits, rules, regulations, etc. affecting employees. These must
be administered without discrimination.
Messrs. Gambel and Meyer - VERBATIM ET LITTERATIM!

Sincerely,

Walter Laroque

cc: Mr. George Denegre - Chairman - the CHAMBER/New Orleans and the River
Region(TC/NORR)
 Mr. Jim Monroe - President/CEO - TC/NORR
Mr. Ronnie Robert - Chairman - Executive Committee - Small Business
Council - TC/NORR
Mr. Roger F. Villere, Jr. - Coordinator - "CHAMBER SPOTLIGHT" - Radio
Show - TC/NORR

wjl/eka
01-00668