DJ 202-PL-00048

MAY 12 1992

Ms. Cheryl L. Villaume, Law Clerk

Goldman, Marshall & Muszynski, P.C.
1515 Market Street, Suite 500
Philadelphia, Pennsylvania 19102

Dear Ms. Villaume:

This letter responds to your correspondence requesting

clarification of the provisions of title III of the Americans
with Disabilities Act (ADA), 42 U.S.C. S12101-12213.
Specificality you inquired whether the exemption for religious
organizations, section 307, includes church owned or funded
hospitals. The ADA authorizes the Department of Justice to
provide technical assistance to individuals and entities having
rights and obligations under the Act. This letter provides
informal guidance to assist you in understanding the ADA's
requirements. However, it does not constitute a legal
interpretation and it is not binding on the Department.

Title III of the ADA establishes requirements for private

entities that own, operate, lease (or lease to) places of public
accommodation, such as hospitals. A private entity has no title
III obligations, however, if it is a religious entity, that is, a
religious organization or a private entity controlled by a
religious organization. A private hospital controlled by a
religious organization is exempt from title III requirements. A
useful discussion of the scope of title III's exemption for
religious entities can be found in the Preamble to the Attorney
General's Title III regulations. See 56 Fed. Reg. 35544, 35554
(July 26, 1991). A copy is enclosed.

A religious entity, however, is not exempt from the

employment requirements of title I of the ADA, which go into
effect on July 26, 1992, for hospitals with 25 or more employees.
Moreover, if a religious entity receives Federal funds, as most
cc: Records Chrono Wodatch Magagna Beard.ta.307.villaume
FOIA

01-00782

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hospitals do, it is subject to section 504 of the Rehabilitation

Act of 1973, as amended, 29 U.S.C. S 794, which prohibits
disability discrimination in federally assisted programs.

We hope that this information is useful to you in evaluating

your rights and obligations under the ADA.

Sincerely,

Joan A. Magagna
Deputy Director
Office on the Americans with Disabilities Act

Enclosure
 LAW OFFICES
GOLDMAN, MARSHALL & MUSZYNSKI, P.C.
1515 MARKET STREET
SUITE 500
C. MITCHELL GOLDMAN PHILADELPHIA, PENNSYLVANIA 19102
WASHINGTON OFFICE:
JOSEPH W. MARSHALL, III (215) 563-5800 ONE MASSACHUSETTS
AVENUE NW
IRVIN L. MUSZYNSKI, JR SUITE 860
ROBERT A. AUCLAIR FAX (215) 563-4500
R. CHRISTOPHER RAPHAELY WASHINGTON, DC 20001
MICHAEL E. ANDERSON (202) 682-0126
FAX (202) 682-0136
ALSO MEMBER OF D.C. AND N.J. BAR
MEMBER OF VA AND D.C. ONLY
ALSO MEMBER OF N.J. BAR

February 21, 1992

Chief Counsel
Department of Justice
Office on the Americans with Disabilities Act
Civil Rights Division
P.O. Box 66118
Washington, D.C. 20035 - 6118

On February 21, 1992, I spoke with one of your representatives

on the "ADA" information line (at 202-514-0301 *5). I was calling
to find out if the religious exemption of the Americans with
Disabilities Act (S 307) applies to church owned (funded) hospitals
and, if so, to what extent it does apply. The representative on
the line informed me that it does apply as long as the hospital is
controlled/funded by the religious organization. I would like to
confirm this. The Act itself and the legislative history behind it
do not offer a concise answer to the question.

Thank you for your time and attention to this matter. It is

appreciated.

Very truly yours,

Cheryl L. Villaume
Law Clerk

cc: Bob Auclair