substantially renovated, the plans for the renovation require adequate facilities to insure that disabled individuals can use the renovated theatre comfortably.

The bill sets forth requirements for the readily achievable removal of architectural barriers and for the alteration and major structural alteration of facilities. It fails, however, to indicate when the readily achievable removal of an architectural barrier would be considered an alteration. It also fails to indicate the point at which an alteration becomes a major structural alteration, thereby triggering the requirement not only for the readily accessibility of the actual area but also the accessibility of the route to the altered area. A revision based on Pennsylvania law would solve this problem. alterations that cost up to 30% of the value of the building should require the readily accessibility of the altered area; alterations that cost 30-50% of the building's value should also require an accessible route to the actual area; and that alterations that cost more than 50% of the value of the building should require readily accessibility and usability of the entire facility. NATO would support this concept.

It would provide that

NATO supports legislation that would eliminate discrimination in employment on any basis whether race, religion, national origin, sex or disability. Our industry has been in the forefront of those promoting equal opportunity for all. However, we believe that it is necessary to again apply a rule of reason when

evaluating specific job classifications. We would like to pre

sent three examples for consideration:

A. Motion picture theatre ticket seller.

Today's motion picture theatres are equipped with high technology computerized ticket booths. The equipment used in these booths has not been designed for persons in wheelchairs. A person in a wheelchair sitting behind a typical ticket booth counter could not reach from the wheelchair to the counter and certainly could not reach the money being proffered by the customer or return a ticket to the customer. Due to the mechanical limitations of this type of equipment and the size limitations of existing ticket booths, it is unreasonable to require that motion picture theatres owners offer this job to all disabled individuals if in fact such individuals could not physically perform the job under the structural limitations of the ticket booth. B. Food concession operator.

The food concession operator in a motion picture theatre is required to move back and forth down a walkway behind a food service counter, reach and obtain the various items selected by the customer, dispense certain items, i.e., popcorn and soft drinks, and obtain payment and make change. Certain types of disabled individuals can perform this function efficiently. Persons in wheelchairs would have obvious difficulties. NATO recommends the rule of reason be applied to this job classification and the employer be required to determine whether the disabled individual in question can physically perform the task

in light of existing job conditions.

If in fact the person

cannot perform the tasks under existing conditions, it should not be considered discriminatory for an employer to refuse to hire

such an individual for this job.

C. Projection operator.

The projection operator in a motion picture theatre must be able to move easily in and out of the projection booth and must be able to pick up heavy disks of film and lift the film and insert it onto the projection platter. This activity requires not only access to the facility but certain manual dexterity, upper body strength and reach. Projection booths generally are extremely limited in space. Persons in wheelchairs would have difficulty moving around within the confines of such booths and will probably be unable to lift the film and place it in the projection equipment. Motion picture projection booths are often designed so that one booth services multiple screens. A person in a wheelchair would have great difficulty moving from one work station to another. Thus, this job classification is not one which can be reasonably engaged in by a person in a wheelchair. Again, NATO urges that a rule of reason be applied in evaluating whether an individual with a particular disability can perform in this job classification. It could well be that indi-' viduals with limited disabilities could perform efficiently as a However, an individual with a severe disability

projectionist.

such as a paraplegic, could not perform as a projectionist.

NATO believes that whatever legislation is passed, clear recognition must be give to the proposition that before a finding of discrimination can be made, it must be determined whether the individual claiming discrimination is in fact capable of doing the job in question within the physical limitations that may be established by the disability and the limitations that may be established by the nature of the employer's facility. III. CONCLUSION.

The proposed legislation continually refers to a "reasonable" standard and includes a restriction that no undue burdens shall be placed on owners of public accommodations or employers. We have provided specific examples with regard to our industry to indicate standards of "reasonableness" and "undue burden" that we think appropriate. We suggest that these examples be included in the legislative history supporting this Act.

We also recommend that when drafting regulations, the agencies in question be directed to develop specific facts to prove that the acts and practices required by the regulations will effectively meet the underlying objectives of the statute. Ultimately the increased costs required by the legislation will be paid by the public. It is senseless to require that the public pay the cost of regulatory action that does not meet its intended purposes. Use data should be developed on an industry by industry basis that will clearly show that the regulations that apply to such industry will actually result in more jobs for

the disabled and increased use of public facilities by persons with such disabilities.

NATO

NATO supports the concept of elimination of all discrimination. NATO supports the concept of federal legislation to specifically eliminate discrimination based on disability. believes that antidiscrimination legislation should establish general guidelines but permit sufficient latitude to enable employers, employees, state and local officials, educators and the public, to work together to promote reasonable standards to eliminate job discrimination based on disability.

We will be glad to provide any additional information requested.

Respectfully submitted,

Paul 4. Rath

Paul A. Roth

Chairman, Government Relations