U.S.

Department of Justice
Civil Rights Division
Coordination and Review Section

P.O. Box 66118

Washington, D.C 20035-6118

September 8, 1993

(b) (6)
Xxxxxxxxxxxxxx
Xxxxxxxxxxxxxxxxxxxxxx
Xxxxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxxxxx

Memphis, Tennessee 38137

RE: Complaint Number xxxxxxxxxxxx

New Complaint Number xxxxxxxxxxx

Dear xxxxxxxxxx

This letter constitutes our Letter of Findings with respect

to the complaint you filed against the Shelby County xxxxxxxx, 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 Xxxxxxxxx,

xxxxxxxxxx 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 xxxxxxxxx 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, and your successor.

01-02566
 -2-

Issue I. Was the complainant terminated on the basis of

disability?

Our investigation revealed that prior to meeting with the

County xxxxxxxx (b)(6)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 S 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-xxxxxx, A person is not considered substantially limited in working
if she is limited substantially 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 xxxxxxxx, 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 XXXXXXX did not discriminate against you on the basis of
disability when it terminated you.

01-02567

-3-

Issue II. Was the complainant terminated in retaliation for

requesting a reasonable accommodation?

You alleged that at a mid-May 1992 meeting with the xxxx, (b)(6)
you requested a restructuring of your duties or a reassignment
because of the stress you were under. The xxxxxxxxx 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 xxxxxxxxx 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 xxxxxx retaliated against you, but rather believed you when
you said you resigned. The xxxxxxxxxx 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 xxxxxxxx. Although not related to your primary job duties, the
xxxxxxx 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 xxxxxxxxx retaliated
against you, in violation of S 33.134 of the title II regulation.

During the investigation, the Department learned that the

xxxxxxx 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 xxxxxxxxxxxx
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.

01-02568

-4-

You 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:xxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxx
xxxxxxxxxxxxxxxxxxxxxxx, Shelby County

01-02569

U.S. Department of Justice

Civil Rights Division

Coordination and Review Section

P.O. Box 66118

Washington, DC 20035-6118
Xxxxxxxxxxxxxxxxxxxx
Shelby County xxxxxxxxxx
One Memphis
200 Jefferson Avenue, Suite 336
Memphis, Tennessee 38103

RE: Complaint Number xxxxxxxxxxxx

New Complaint Number xxxxxxxxxxxxxx

Dear Mr. Patterson:

The enclosed letter constitutes the Department of Justice's

findings in the matter of xxxxxx v. Shelby County xxxxxxxx.
The Department has determined that the xxxxxxx Office is not in
violation of title II of the Americans with Disabilities Act of
1990 (ADA) with respect to the allegations raised by xxxxxxxx.
In the course of the investigation, this office found that the
xxxxxx 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 xxxxxx 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

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 -2-

technical 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: xxxxxxxxxxxxxxx

01-02571