SEP 8 1993 XXXX XXXX XXXX RE: Complaint Number XXXX New Complaint Number XXXX Dear Ms.

XXXX : This letter constitutes our Letter of Findings with respect to the complaint you filed against the Shelby County Trustee, alleging discrimination on the basis of disability and retaliation. The Department of Justice is the agency responsible for investigating complaints filed under title II of the Americans With Disabilities Act of 1990 [ADA]. Title II prohibits discrimination against qualified individuals with disabilities on the basis of disability by State and local governments. Your complaint alleges that you were terminated on XXX as XXX because of your disabilities (stress and carpal tunnel syndrome) and in retaliation for asserting rights protected by the law, in violation of the ADA. The Department has completed its investigation of your complaint and has determined that the Shelby County Trustee is not in violation of title II of the ADA for the reasons explained below. Our investigation included the review of documents and an onsite visit to interview you, members of management staff, employees who worked for you, and your successor.

01-00090 -2Issue 1. Was the complainant terminated on the basis of disability? Our investigation revealed that prior to meeting with the County Trustee in mid-May 1992, you had not previously claimed that you were an individual with a disability. The assertions made and evidence you presented were insufficient to support the claim that you were a disabled individual as defined by 35.104 of the title II regulation, which states: "Disability means ... a physical or mental impairment that substantially limits one or more of the major life activities... ; a record of such an impairment; or being regarded as having such an impairment." While "stress" may have been a factor in your work, you did not show that it constituted a mental or physical impairment substantially limiting one or more major life activities within the meaning of the ADA. You were never diagnosed with a mental or physical condition considered as a disability, nor did you demonstrate that you had a record of any impairment, or that you were regarded as disabled by your employer or coworkers. Contrary to your assertion that you were substantially limited in the major life activity of working, there was no evidence presented to show that the stress-related symptoms you described were not related to your experience in the specific position you occupied - XXX . A person is not considered substantially limited in working if she is substantially limited in performing only a particular job. You told the Department that the carpal tunnel syndrome

(CTS) you developed was the result of inputting computer data for extensive periods. We found that this was a temporary condition that you incurred after being notified of the termination. As the XXX , inputting data was not a major duty of your position, but rather one that was normally the responsibility of your subordinates. Despite your decision to input data for extensive periods of time, your employer provided an accommodation at your request, when it supplied a keyboard drawer to compensate for the CTS. This was the only alleged specific disability you brought to your employer's attention. Based upon the evidence obtained, DOJ concludes that neither condition alleged to be a disability was sufficient to support your claim that you are an individual with a disability. Since you do not meet this definition, you do not come under the protection of the ADA. We conclude, therefore, that the Shelby County Trustee did not discriminate against you on the basis of disability when it terminated you.

01-00091 -3Issue II. Was the complainant terminated in retaliation for requesting a reasonable accommodation? You alleged that at a mid-May 1992 meeting with the Trustee, you requested a restructuring of your duties or a reassignment because of the stress you were under. The Trustee characterized the meeting similarly, but added that you also tendered your resignation because of the work-related problems you were experiencing. Although you dispute the Trustee's claim that you voluntarily resigned at the meeting, the investigation revealed that you were notified shortly after the meeting that plans were underway to process your termination. It does not appear that the Trustee retaliated against you, but rather believed you when

you said you resigned. The Trustee asserted that had you not resigned, you would have been fired. The investigation disclosed sufficient evidence to support the contention that your termination was based upon your stated preference to find another job and because of your job performance, and not in retaliation for filing complaints or for asserting rights protected by the law. The timing of the events in your case also weighed against your claim. You incurred CTS in late May, following the meeting with the Trustee. Although not related to your primary job duties, the Trustee provided an accommodation for this condition. Subsequently, on July 22, you filed complaints with the Department of Justice [DOJ] and the Equal Employment opportunity Commission [EEOC]. These were the first claims of record alleging discrimination and retaliation. Both were made after receiving notice that you would be terminated. The timing of the complaints, coming as they did after the notice of termination, fails to support the allegation that you were retaliated against for engaging in protected activities. We find no basis, therefore, to conclude that the Shelby County Trustee retaliated against you, in violation of 35.134 of the title II regulation. During the investigation, the Department learned that the Trustee's Office did not maintain separate files for medical and personnel information about its employees. The ADA requires that all information from post-offer medical examinations and inquiries must be collected and maintained on separate forms, in separate medical files and must be treated as a confidential medical record. In response to this concern, the Trustee's Office and Shelby County changed their record-keeping procedures to create separate medical files for each employee. This action resolves this matter and concludes our investigation.

01-00092 -4You should be aware that no one may intimidate, threaten, coerce, or engage in other discriminatory conduct against anyone who has either taken action or participated in an action to secure rights protected by the ADA. Any individual alleging such harassment or intimidation may file a complaint with the Department of Justice. We would investigate such a complaint if the situation warrants. Under the Freedom of Information Act, it may be necessary to release this document and related correspondence and records upon request. In the event that we receive such a request, we will seek to protect, to the extent provided by law, personal information which, if released, could constitute an unwarranted invasion of privacy. This letter constitutes our findings with respect to your allegations of discrimination and retaliation in your administrative complaint. If you are dissatisfied with our determination, you may file a private complaint in the appropriate United States District Court. Sincerely,

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

cc: Mr. William L. Gibbons, Esq. Mr. Robert M. Goff, Esq. Mr. Bob Patterson, Shelby County Trustee

01-00093

SEPT 8, 1993

Mr. Bob Patterson Shelby County Trustee One Memphis Place 200 Jefferson Avenue, Suite 336 Memphis, Tennessee 38103 RE: Complaint Number XXXX New complaint Number XXXX Dear Mr. Patterson: The enclosed letter constitutes the Department of Justice's findings in the matter of XXXX v. Shelby County Trustee. The Department has determined that the Trustee's Office is not in violation of title II of the Americans with Disabilities Act of 1990 (ADA) with respect to the allegations raised by XXXX . In the course of the investigation, this office found that the Trustee's Office did not maintain separate files for the medical and the personnel information that it retained on its employees. The ADA requires that all information from post-employment offer medical examinations and inquiries must be collected and maintained on separate forms, in separate medical files, and 'must

be treated as confidential medical records. In response to this concern, the Trustee's Office and Shelby County changed its record-keeping procedures to create separate medical files for each employee. This action resolves the issue and concludes our investigation. The Department would like to thank you for your cooperation throughout this investigation. If you have any questions or need further information about this determination, or would like

01-00094 -2technical assistance concerning title II, please let us know. Should you contact this office, please call Mr. Thomas Esbrook of my staff at [202] 307-2940. Sincerely

Stewart B. Oneglia

Chief Coordination and Review section Civil Rights Division

Enclosure

CC: William L. Gibbons, Esq. 01-00095