T.

12/1/92
SBO:RJM:ca
DJ# 192-16i-00101

DEC 3 1992

XXXXXX
XXXXXX(b)(6)
Myrtle Beach, South Carolina 29577

Dear XX

This is in response to your correspondence regarding the

Americans with Disabilities Act (ADA) and interpreting services.
The first issue you raise, concerning the postal exam, is
under the primary jurisdiction of the Equal Employment
Opportunity Commission, and, accordingly, it is more appropriate
for that Commission to respond. The Commission is responsible
for the implementation and enforcement of section 501 of the
Rehabilitation Act of 1973, as amended. Section 501 imposes upon
the Federal government affirmative action requirements to hire
and promote qualified individuals with disabilities. For more
specific information about Title I, please contact EEOC, 1801 L
Street, N.W., Washington, DC 20507, (800) 699-EEOC (voice) or
(800) 800-EEOC (TDD).

We are unable to assist you in your complaint about lack of

sufficient community resource centers. Regarding your fourth
concern involving vocational rehabilitation counselors, the U.S.
Department of Education, Office of Special Programs and
Rehabilitation Services, Rehabilitation Services Administration
is responsible for implementing the Rehabilitation Act of 1973,
as amended, in rehabilitation service programs. You may want to
contact that office. Its address is: 330 C Street, SW,
Washington, D.C. 20202.

Your second concern involves payment of interpreters. Title

II of the ADA prohibits discrimination on the basis of disability
by public entities. It applies to all programs, activities, and
services provided or operated by State and local governments.
Title III covers private entities in places of public
accommodation.
:udd:mather:ltr. (b)(6)
cc: Records, CRS, FOIA, Friedlander, Mather, Breen

01-01768

-2-

Section 35.160 of the enclosed title II regulation requires

that public entities provide auxiliary aids and services where
necessary to afford an individual with disabilities an equal
opportunity to participate in, and enjoy the benefits of, the
public entity's program or activity, or otherwise to ensure
effective communication with members of the public. This
requirement is further explained in section II-7.0000 of the
enclosed title II Technical Assistance Manual. Among auxiliary
aids and services that promote effective communication are
qualified interpreters.

Private entities are required to furnish appropriate

auxiliary aids and services where necessary to ensure effective
communication with individuals with disabilities. These
provisions appear in section 36.303 of the enclosed title III
regulation and section III-4.3000 of the enclosed title III
Technical Assistance Manual.

When an interpreter or other auxiliary aid or service is

necessary to ensure effective communication, the public or
private entity must absorb the cost for this aid or service. The
entity, however, is not required to provide any auxiliary aid
that would result in an undue burden.

Federal agencies have similar obligations under section 504

of the Rehabilitation Act of 1973, as amended. Section 504
regulations for federally conducted programs require that Federal
agencies take appropriate steps to ensure effective communication
with personnel of other Federal entities, applicants,
participants, and members of the public. The agencies must
provide auxiliary aids at no cost to individuals with
disabilities.
 If you believe, after reviewing the enclosed materials, that
you have been discriminated against on the basis of your
disability, you have two enforcement options under the ADA: (1)
You may secure private legal representation and bring an action
in Federal court, or (2) you may file a complaint with the
Department of Justice.

If you choose to file a complaint with the Department of

Justice, you should send it to one of two offices of the Civil
Rights Division assigned to investigate such complaints. If the
program is operated by a State or local government, you should
send any relevant information to the Coordination and Review
Section, Civil Rights Division, U.S. Department of Justice, P.O.
Box 66118, Washington, D.C. 20035-6118. If, on the other hand,
the program is operated by a private entity, you should send any
relevant information to the Public Access Section, Civil Rights
Division, U.S. Department of Justice, Post Office Box 66738,
Washington, D.C. 20035-9998.
01-01769
-3-

If the program is conducted by a Federal agency, you should

file a complaint with that agency. All complaints should be in
writing and should set forth, in as complete a manner as
possible, the factual circumstances surrounding the complaint.

I hope this information is helpful to you.

Sincerely,

Stewart B. Oneglia
Coordination and Review Section
Civil Rights Division

Enclosures (4)

01-01770​Civil Rights
(b)(6)
Myrtle Beach, S.C. 23577

Coordination & Review Section

Civil Rights Division
U.S. Department of Justice
P.O. Box 66118
Washington, D.C. 20035-6118

Dear Sir,

I hope this is the right Department I am referring to. If not,

please give this letter to the proper people in the department. Thank
you.
I am writing this letter on the behalf of the deaf communities and
you will notice some letters have deaf people's signatures.
The state of S.C. is not well serving the deaf communities as it
ought to or nothing at all.
I had written complaint letters to South Carolina Association of
the Deaf (S.C.A.D.), South Carolina Protective and Advocacy (S.C.P.A.)
and the Community Resources Center (C.R.C.) about these problems. They
all seem don't care or play their games with the deaf people's lives
doing nothing about these problems.
NO. 1 PROBLEM--There is no way to find or contact an interpreter
in the South Carolina area. A deaf man called me and asked me to look
for an interpreter for Post Office exam tomorrow. I really don't know
where to contact one, but I had to call around to find one. The deaf man
asked me if the Post Office will pay for the interpreter and I don't
have no idea and I am sure that the interpreter had to convince the Post
Office to pay for his interpreting fee, but I doubt the interpreter got
paid for his service.
NO. 2 PROBLEM--This is a big hassle-- all STATE and FEDERAL
agencies or private sectors should pay for an interpreter's service.
Everywhere the deaf people go they have to wrestle with all kinds of
agencies to pay for the interpreter's fee. Majority of them refuse to
pay. SOLUTION:-- Set up on Interpreter Referral Center, in a good
location, has all the interpreter's name, address and qualification in
the computer. The Interpreter Referral Center (IRC) will seek grants and
funds from the State and Federal Government to pay for the interpreter's
fee instead of the deaf trying to find one and trying to make sure the
interpretor are being paid by the agencies. It is a lot of hassle to
find an interpreter and make sure the agencies or private sectors paying
for the interpreter.
PROBLEM NO. 3-- I wrote a letter to Community Resources Center
(CRC) at S.C. School for the Deaf & Blind in Spartanburg, S.C. asking
them to provide C.R.C. in the Northeastern part of S.C. and they said
the Deaf Services Center in Horry County is enough and they told me they
were looking for C.R.C. director and will contact us later. I haven't
heard from them months and months. All I hear is the State is cutting
back on grants and funds and they can't provide money to set up another
C.R.C. in the northeastern part of S.C. We have a Deaf Services Center
(DSC) in Myrtle Beach, S.C. (Horry County) but lack of money and fund to
continue the services to the deaf communities. I was involved with the
Deaf Services Center (DSC) as a chairman and I knew it was tough to get
01-01771​grant us any more money. DSC only supports by the Sertoma Clubs and
the
Christmas Gift Wrapping by deaf volunteers. The DSC did request money
from the Horry County Council but they said we were last in priority. I
assume they play game with our lives and maybe the Horry County refuse
to give the DSC the money to hire a full-time director and a secretary
to run the DSC.
PROBLEM NO. 4--You can read the letters that I attached with this
letter. Many deaf people are disgusted with the Vocational Rehabiliation
(VR) in S.C. and the deaf refuse to go back to ask for help because the
VR counselors won't help the deaf in training for a future job and the
VR wants most of the deaf to start working in the sweat workshop. I know
many deaf people went to the Company to ask for a job and the company
refers them to the VR and the VR counselors do nothing to help the deaf
get that job. I think it is time for the VR to provide a better training
for the deaf and others to get a better future job.
Many deaf peoples complained by talking among other deaf
communities but they give up fighting the problems alone.
All I am asking you to help the deaf communities for better
services. We have been denying services for too long. You are our last
person or department I can refer to seek help.
I want to take some legal action than talking about these
problems. Must get the South Carolina Assoc. of the Deaf, South Carolina
Protective and Advocacy and the Community Resources Center and the Deaf
communities together and see what can be done better to serve the deaf
communities thruout whole S.C.
I wrote letters to all agencies and nothing had been done about
these problems. I am going to give you the name of the agencies and
their addresses.
Please let me know what you will do to help us.
I had lived in Virginia for a long time and the state provides the
deaf communities good services. I can call TOLL FREE in Richmond to get
an interpreter free. I feel if I live in America so why can't all the
states in America have same services for the deaf..
AGENCIES AND ADDRESSES:
S.C. Assoc. of the DEAF, Inc. (S.C.A.D)
1735 Augusta Rd.
West Columbia, S.C. 29169-5631

Vocational Rehabiliation Center (VR)

Mr. Bud Harrelson, Deaf Service
P.O. Box 15
West Columbia, S.C. 29171

South Carolina Protective and Advocacy (SCPA)

501 W. Evans St.
Florence, S.C. 29501

Community Resources Center

Craig Jacob, manager of Program
Cedar Spring Station
Spartanburg, S.C.
THANK YOU
(b)(6) xx
01-01772

Letter All

DATE:

NAME:

ADDRESS:

CITY/ZIP CODE:

Dear Sir:

We, the deaf communities in the northeastern part of S.C. would

like to discuss some issues that need to be solved.
1. No Community Resources Center to provide services to the deaf in
the northeastern part of S.C.
2. Vocational Rehabilitation won't train deaf people for the proper
future job and help deaf people get a Post Office job.
3. No agency in the S.C. area to contact for an interpreter's
services.
The northeastern part of S.C. like Florence, and Horry County as
well other counties need a Community Resources Center like the one in
South Carolina School for the Deaf & Blind in Spartanburg. They have
been neglected the services to the deaf for too long. We prefer a BRAND
NEW Community Resources Center rather than trying to join with another
Services Center because the deaf people will not use that Services
Center because of their personal reasons. We would like to have a
BRAND NEW CENTER maybe located in Florence.
You can read the article that attached to this letter about
Vocational Rehabilitation (Voc. Reh.) won't provide the proper training
for future job and several deaf people went to Voc. Reh. to seek help to
get a Post Office job and the Vocational Reh. counselor won't help them.
Don't know why. Maybe the Florence, Myrtle Beach, Conway Post Office or
elsewhere won't hire the deaf for some reasons. If deaf people are able
to work the Post Office in Columbia, Greenville, and Orangeburg, then
why can't the deaf people work the Post Office anywhere.
There is such a big problem in S.C. nationwide, you can't get an
interpreter service anywhere. There should be an agency like Community
Resources Center as Main Network, maybe located in the middle of S.C. to
be able to have all the names of interpreters and their qualifications
stored in computer and where the interpreters live. The Community
Resources Center should seek grants or funds to have liability insurance
for all interpreters and pay for the interpreter's fee and
transportation expenses. They should pay interpreter good wages and
benefits. MAJORITY of deaf people in S.C. can't afford to pay for
interpreter's fee like $25.00 or more an hour plus transportation
expenses. Of Course, we highly recommend South Carolina Association of
the Deaf (S.C.A.D.) to be the overseer of this project. If I need an
interpreter to see a doctor, I can call the Main Community Resources
Center TOLL FREE and the Community Resources Center will look for an
interpreter nearby where I live and contact one if I get an interpreter.
I highly recommend if I don't like what they offer of an interpreter,
then I have the right for the Center to look for another interpreter. OR
South Carolina Association of the Deaf (S.C.A.D.) can establish a Main
Network Center with all the names and addresses of all interpreters
thruout the S.C. area in the computer storage and S.C.A.D. will evaluate
all the interpreters' qualifications and provide the deaf the
ILLEGIBLE

01-01773​fees and transportation expenses. This project will be overseen by

S.C.A.D. but it will become independence. Or S.C.A.D. prefers the
Community Resources Center to be responsible for the interpreter
services. Fine with us.
These vital problems of services for the deaf have been ignored or
neglected for too long. We are getting tired of running around like a
dog chasing a cat and get nothing solved.
If any of you, the organization or the agencies won't pitch-in in
solving these problems, then maybe we will take some legal action to get
something done in someway. We will give you 60 days fair warning to come
up with some answers. Please don't play games with our lives. Our life
is so valuable to be neglected.
Thank you for taking the time to listen to this letter.
There will be a list of names signed below who want something be
done.

SIGNED:
(b)(6) (b)(6)
(b)(6) (b)(6)
(b)(6) (b)(6)
(b)(6)
(b)(6)
(b)(6)
(b)(6)
(b)(6)
(b)(6)

(b)(6)
cc:South Carolina Assoc. of the Deaf (Charlie McKinney, Executive
Director)
cc: South Carolina Protective and Advocacy
cc: Community Resources Center (Craig Jacobs)

cc: S.C. Vocational Rehabilitation Dept. (Bud Harrelson)

01-01774​
(b)(6)
Myrtle Beach, S.C. 29577
XX
SCSDB Community Service Center
Cedar Spring School for the Deaf
Spartanburg, S.C.
ATTN: Director
Dear Sir:

Let me explain the obstacles that the deaf community face in

reality thruout the Horry, Florence and Sumter Counties as well as other
counties. The S.C. School for the Deaf has Community Resources Centers
in Spartanburg, Columbia and Charleston and has nothing in the
northeastern part of S.C.
The deaf/hearing impaired can't get an interpreter for a doctor
consulation or other services. Many deaf professional are frustrated in
getting an interpreter for any situations. Most deaf people can't afford
an interpreter. Most interpreters want to get paid well for their
services. and I don't blame them.
I am getting tired of hearing the State is cutting back on the
fund and no money for the services. Also I am getting fed up that S.C.
Deaf Community Resources Centers in Spartanburg base the statistics or
the measurement of how many times deaf person use the interpreter
services then they will be able to establish Community Resources Center
in Florence area. Don't you measure with my life, when it comes to be
serious problem.
You know the American Disability Act passed in Congress not too
long ago. You can't deny me the services like other areas.
Suppose I have a heart attack and the hospital couldn't find me an
intepreter to communicate or don't know where to fine one. Then you
better start thinking about this and it can be very serious matter. I am
being denying for an interpreter service. I want the hospital to know
there is a deaf client and need an interpreter, so they can contact the
Community Resources Center in Florence to find an qualified interpreter
close by.
Let me tell you something. Don't play with my life. If I can't get
nothing out of you, then I will take this matter to S.C. Protective and
Advocacy and if nothing happens there, then I will take this matter to
the next step.
In Virginia, they have a Center in the middle of the state and
they get money from the State to pay for the interpreters service and
have a list of interpreters that live in different regions. If a deaf
calls toll-free phone no. for an interpreter, then that Center will find
one nearby where he lives. Also it depends on what case an interpreter
can handle. Not all interpreters can handle court case.
I won't give up, I will fight til I get what I deserve. I can make
a lot of noise too.
So I want you to get your sleeves roll up and act on this matter.
There are many interpreters in Florence, Conway and Myrtle Beach,

01-01775

up to help the deaf/hearing impaired in the community.

I am sure the Deaf community wants a Community Resources Center in
Florence that sponsored by the SCSDB.

I will be hearing from you within a month.

Thank You
(b)(6)
01-01776
 SOUTH CAROLINA
Vocational Rehabilitation Department
JOE S. DUSENBURY, Commissioner
1410 Boston Avenue * Post Office Box 15 * West Columbia, South Carolina
29171-
0015

June 15, 1992

(b)(6)
Myrtle Beach, South Carolina 29577

Dear XX

I received your letter today dated June 10, 1992, which expressed your
concerns with regard to employment by deaf individuals in the post office,
particularly the Florence, Myrtle Beach and Conway Post Offices.

I certainly understand your feeling since the post office for many years has
been an excellent place of employment, but there is some information that I
would like to share with you that will perhaps clarify some of your concerns.

I have talked with several people in the personnel divisions of the post
offices throughout the state concerning the hiring of deaf and hearing
impaired. The post office officials explained to me that there is a nationwide
"downsizing" of permanent employees with the United States Postal Service.
What this means is that the post office is not hiring anyone, hearing or
non-hearing, in "career" jobs at this time. Several years ago, the post
offices throughout the country had 800,000 employees. They currently have
approximately 700,000 and their goal by 1995 will be to eliminate another
200,000 jobs, reaching their employment ceiling at 500,000
employees.

What the post office is hiring are "casual" employees which are
temporary employees who work for 90 days with no benefits included. Basically,
this is manual labor and an individual can only receive two 90 day
appointments during the course of a year, again with no insurance or vacation.
The reason that the post office is eliminating jobs is because of automation
which is assuming a lot of the duties that
01-01777

(b)(6)
June 15, 1992
Page 2

people did. Therefore, if an individual is interested in being a "temporary"

employee at the post office with no benefits, then he/she may apply through
the personnel office or Vocational Rehabilitation will assist the client with
an application.

I hope this information helps you realize that there are no permanent career
positions being accepted currently by the United States Postal Service and
that this is not a lack of effort on anyone's part, but a policy of the post
office, according to post office officials. If I can be of any further service
to you, please contact me directly.

Sincerely,

Larry M. Harrelson
State Coordinator for the Deaf

jam
pc: J. Charlie McKinney
S.C. Association of the Deaf
Larry C. Bryant
01-01778

Voc. Reh.

Better Services Needed from Vocational Rehabilitation

By (b)(6)

We are getting tired of deaf/hearing impaired being shoving around

by the Vocational Rehabilitation Dept. (VR) in Horry and Florence County
as well as elsewhere in training for a job and helping
deaf/hearing-impaired people get a job in the Post Office (P.O.) for a
long time.
Asking help from the S.C.A.D. about the VR problems, they told us
to write a complaint letter to the South Carolina Protection & Advocacy
System. We are not accusing anyone in the SCAD but how the SCAD as an
organization is set up like an information-referral center rather than
getting involved to fight and help meet deaf's physical needs because
SCAD is afraid to say something that might cause them to lose money from
the state. Every SCAD member should make noise for all deaf communities
thruout S.C. We would be better off joining the N.A.C.C.P. because they
watch after their own people. Tell you the truth, most deaf people live
way below proverty which is a sad situation.
If we complain to the South Carolina Protection and Advocacy
System for the Handicapped, Inc. (SCPA), we wouldn't get anywhere. It is
unfair for all handicapped people trying to improve the services for
themselves. Even worse, deaf citizens are the least of handicapped
people that would get aid or attention--the worst ignored group of all.
We thought the VR is a place where you go to get help and
training for a future job. You know where they usually send them? To a
simple sweat job doing piece-work in their own VR "training" workshop or
to a work-place with lousy position at low pay with no future in it.
Focusing on the Post Office job, several deaf, in Myrtle Beach and
Florence, tried in vain to apply for any kinds of P.O. job. They even
went to the VR to seek help but nothing happened. Don't know why the VR
counselors are not helping the deaf with the P.O. job in every city?
The impression came from deaf people when one deaf person get
fired from the P.O. for any reason, then the P.O. would not hire any
more deaf people. Don't the normal White, Black & Spanish people get
fired from the P.O., too? Of Course!! Why penalize all good deaf people
trying to seek any job in the P.O.?
It doesn't make any sense at all that it is okay for deaf people
to work in the big P.O. cities like Columbia or Greenville and can't
work in the small P.O. cities like Myrtle Beach or elsewhere.
The deaf, with an excellent driving record and production, will
make a wonderful mail carrier or worker of any kind of P.O. career.
Hope everyone is listening to what we have to say now. Most deaf
people, known as little people are afraid to say anything and they know
you won't listen to them; thus, they have been neglected for years. So
DO something NOW!

01-01779

SCSDB Community Service Ctr. Program

Cedar Spring Station
Spartanburg, S.C. 29302
ATTN: Craig Jacobs, Director

Dear Sir:

We the deaf/hearing impaired would like to have a Deaf Community

Resources Center located maybe in Florence to provide interpreter
services thruout Florence, Horry and Sumter counties as well as other
counties. Not only interpeter services but we also want other services
that Community Resources Center in Spartanburg can provide.
We feel that Community Resources Center has neglected in providing
assistances to the northeastern part of S.C. like Florence, Horry and
Sumter counties.
We would like for you to talk with us as a deaf community in a
group to discuss this matter.
There will be a list of deaf or hearing people's name listed below.
We only want a brand new Community Resources Center located maybe
in Florence.
Thank you for your cooperation.
We don't want Day Service Center in Myrtle Beach, S.C.

List of Names: XX

XX
XX
XX
(b)(6)

01-01780