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When the ADA was introduced, the requirement to make alterations
accessible was included in section 302 of the Act, which identifies the
practices that constitute discrimination by a public accommodation.
Because section 302 applies only to the operation of a place of public
accommodation, the alterations requirement was intended only to provide
access to clients and customers of a public accommodation. It was
anticipated that access would be provided to employees with disabilities
under the reasonable accommodation requirements of title I. However,
during its consideration of the ADA, the House Judiciary Committee
amended the bill to move the alterations provision from section 302 to
section 303, which applies to commercial facilities as well as public
accommodations. The Committee report accompanying the bill explains
that:
New construction and alterations of both public accommodations and
commercial facilities must be made readily accessible to and usable by
individuals with disabilities * * *. Essentially, [this requirement] is
designed to ensure that patrons and employees of public accommodations
and commercial facilities are able to get to, enter and use the facility
* * *. The rationale for making new construction accessible applies with
equal force to alterations.
(Just notes)
