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U.S. Department of Justice Civil Rights Division t. 7/23/93 SBO:MF:MM:ca:jfb Washington D.C.

20530 JUL 28 1993

Xx Xx, Nevada Re: Old Complaint Number New Complaint Number Dear Mr. xx This letter constitutes the Department of Justice's Letter of Findings with respect to the complaint you filed against the County Sheriff's office alleging discrimination on the basis of disability. The Department of Justice is the agency responsible under title II of the Americans with Disabilities Act of 1990 (ADA) for investigating complaints filed against components of State and local government in the area of law enforcement. Your complaint alleges that the xx County Sheriff's Office has discriminated against you by denying your participation in the patrol division because of your back injury and subsequent sick leave. The Civil Rights Division has completed its investigation of your complaint and has determined that the xx County Sheriff's office is not in violation of title II or the ADA for the reasons explained below. Title II of the ADA prohibits discrimination in employment against qualified individuals with disabilities on the basis of disability. 28 C.F.R. 35.140(a). "Disability" is defined as a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. 28 C.F.R. 35.104. The preamble to the Department of Justice's title II regulation further defines what constitutes a disability as follows:

[T)he duration, or expected duration, of an impairment is one factor that may properly be considered in determining whether the impairment substantially limits a major life activity. . . . The question of whether a temporary impairment is a disability must be resolved on a case- bycase basis, taking into consideration both the duration (or expected duration) of the impairment and the extent to which cc: Records CRS Frielander Milton Chrono, FOIA uud:milton.complnts.46.3."Iof 01-02486 -2it actually limits a major life activity of the affected individual. 56 F.R. 35699. Our investigation of your complaint and the Sheriff's Office's response revealed that you injured your back xx xx returning to full duty xx you had recovered from your back injury and that it no longer limits you in any way. xx Dr. xx confirmed xx Dr. wrote xxx you had recovered xx and were able to return to full duty work Because you have recovered from your injury to the point that it no longer substantially limits any major life activities, your impairment was temporary. Furthermore, the full extent of your disability lasted ten months, and you were out of work for only two months and not on full duty for a total of six months. Because your impairment lasted a total of only ten months, and because you were able to function during much of this time, the Department has determined that you do not fall within the first prong of the definition of disability. For the reasons stated above, you similarly do not fall within the second prong of the definition of disability: having a record of impairment which substantially limits a major life activity. The third prong of the definition of disability is being

regarded as having an impairment which substantially limits a major life activity. While it is clear that your supervisors at the Sheriff's Office were aware of your back injury and subsequent sick leave, they were also well aware of the doctor's statements mentioned above. Neither you nor the Sheriff's Office supplied any evidence that you were perceived by the Sheriff's Office as having an impairment that substantially limited a major life activity.

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-3Based on the foregoing information, we have concluded that you are not a qualified individual with a disability entitled to the protections of title II. 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 the Washoe County Sheriff's Office. Rather, this letter is limited to the allegations presented in your complaint. You should be aware that Federal law protects your right to file a complaint. A State or local government or recipient of Federal financial assistance may not 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 or section 504. If at any time you feel you are being harassed or intimidated because of your dealings with the Department of Justice, we urge you to let

us know immediately. This office would investigate such a complaint if the situation warrants. Under the Freedom of Information Act, 5 U.S.C. S 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 which could constitute an unwarranted invasion of your or other's privacy. If you have any questions concerning this letter, please feel free to call Naomi Milton at (202) 514-9807. Sincerely,

Stewart B. Oneglia Chief Coordination and Review section Civil Rights Division cc: xx xx County Sheriff's Office

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