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 -2Section 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 -3If 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 291710015 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