U.S. Department of Justice

                                        Civil Rights Division


DJ 182-06-00062
                                        Coordination and Review Section
                                        P.O. Box 66118
                                        Washington, D.C. 20035-6118

                                                   MAR 27 1992
T. Dwight Hanna
Personnel Director
Florence County Council
Office of Personnel
Drawer S, City-County Complex
Florence, South Carolina 29501

Dear Mr. Hanna:

        This responds to your request for an interpretation of title
II of the Americans with Disabilities Act (ADA) as applied to
employment policies of State and local governments.

        The ADA authorizes the Department 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 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 II of the ADA, which became effective January 26,
1992, applies to all programs and activities of State and local
governments, including employment. Employment practices of State
and local governments are also covered by title I of the ADA,
which is effective July 26, 1992 for employers with 25 or more
employees and July 26, 1994 for employers with 15 or more
employees. Title I is enforced by the Equal Employment
Opportunity Commission (EEOC). Under the Department of Justice's
regulation implementing title II, the employment practices of
State and local governments that are not covered by title I are
subject to the requirements of section 504 of the Rehabilitation
Act. Questions concerning interpretations of title I should be
directed to the EEOC.








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        The requirements of section 504 are, however, essentially
the same as those of title I. The general requirement is that
applicants and employees with disabilities receive equal
treatment. There are no specific procedural requirements for
applications. The ADA does not provide an exception for the
employment policies of elected officials.

        We hope that this information is helpful.



                                        Sincerely,



                                        Stewart B. Oneglia
                                              Chief
                                  Coordination & Review Section
                                        Civil Rights Division









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