T. 6/2/93 JUN 11 1993 XXXXX XXXXX XXXXX Re: Old Complaint Number X New Complaint Number X Dear Ms.

X: This letter constitutes the Department of Justice's Letter of Findings with respect to your complaint against New Hanover County, North Carolina, under title II of the Americans with Disabilities Act [ADA]. -Your complaint alleges that the County failed to post notices required by title II, that County supervisors discriminatorily released your medical files, and that then-County Commissioner Barfield made discriminatory statements at a County Board meeting that was addressing your grievance against the County. The Civil Rights Division has completed its investigation of your complaint. Our investigation revealed the following, information. New Hanover County purchased posters that inform employees and other interested persons of the protection afforded by title II. These posters have been circulated to all County departments with the instructions that they be placed in a conspicuous location within the department. Furthermore, you informed us in a phone call on November 17, 1992, that the notices had been posted. The matter you raised about the County's failure to post such notices has thus been resolved. We received from the County a copy of your personnel file. It does not appear that any medical records were placed in those files as you claimed. The County informed us, furthermore, that your medical files are kept in the locked desk drawer of your supervisor and that the letter addressed to you at Psychiatry-2 South, N.C.M.H., about which you specifically complained, will be moved into that file or destroyed. We therefore find no cause to cc: Records CRS Chrono Friedlander Milton.complnts. X loft FOIA Breen

01-00027 ​ -2determine that a violation of the ADA has occurred because of the handling of your medical records. We also received from you and from the County information regarding the statement made by then-commissioner Barfield at your grievance hearing during the County Board meeting. Mr. Barfield apparently asserted that an employee who has consulted a psychiatrist is unable to supervise other employees. While this may have been an inappropriate assertion that theoretically could contribute to a hostile environment, you make no allegation of a nexus between this statement and the Commissioners' finding against you in the hearing, and a single statement, without more, does not rise to the level of discrimination under existing civil rights laws. We therefore find no cause to determine that a violation of the ADA has occurred because of Mr. Barfield's statement during your grievance hearing. Finally, in May of 1992, the County amended its personnel policy to include a provision stating that "[a]ll personnel responsible for recruitment and employment will . . . assure that equal employment opportunity is being actively observed, to the end that no employee or applicant for employment, will suffer discrimination because of . . . physical or mental handicap." Based on the foregoing information, we have concluded that all of your allegations of discrimination by New Hanover County have either been resolved or do not constitute violations of the ADA. However, if you are dissatisfied with our determination, you may file a private complaint in the United States District Court under title II of the ADA. This letter does not address other potential claims of discrimination on the basis of disability that may arise from the activities of New Hanover County. Rather, this letter is limited to the allegations presented in your complaint. Under the Freedom of Information Act, 5 U.S.C. 522, we may be required to release this letter and other correspondence and

records related to your complaint in response to a request from a third party. Should we receive such a request, we will safeguard, to the extent permitted by the Freedom of Information Act and the Privacy Act, the release of information that could constitute an unwarranted invasion of your or other's privacy. 01-00028 ​ -3If you have any questions concerning this letter, please feel free to call Naomi Milton at (202) 514-9807. Please note the new complaint number assigned to this case. Sincerely, Stewart B. Oneglia Chief Coordination and Review Section Civil Rights Division cc: Wanda M. Copley County Attorney New Hanover County Legal Department

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