T.

6/2/93
JUN 11 1993

XXXXX
XXXXX
XXXXX

Re: Old Complaint Number X

New Complaint Number X

Dear Ms. X:

This letter constitutes the Department of Justice's Letter

of Findings with respect to your complaint against New Hanover
County, North Carolina, under title II of the Americans with
Disabilities Act [ADA]. -Your complaint alleges that the County
failed to post notices required by title II, that County
supervisors discriminatorily released your medical files, and
that then-County Commissioner Barfield made discriminatory
statements at a County Board meeting that was addressing your
grievance against the County.

The Civil Rights Division has completed its investigation of

your complaint. Our investigation revealed the following,
information.

New Hanover County purchased posters that inform employees

and other interested persons of the protection afforded by title
II. These posters have been circulated to all County departments
with the instructions that they be placed in a conspicuous
location within the department. Furthermore, you informed us in
a phone call on November 17, 1992, that the notices had been
posted. The matter you raised about the County's failure to post
such notices has thus been resolved.

We received from the County a copy of your personnel file.

It does not appear that any medical records were placed in those
files as you claimed. The County informed us, furthermore, that
your medical files are kept in the locked desk drawer of your
supervisor and that the letter addressed to you at Psychiatry-2
South, N.C.M.H., about which you specifically complained, will be
moved into that file or destroyed. We therefore find no cause to

cc: Records CRS Chrono Friedlander Milton.complnts. X loft

FOIA Breen
01-00027

​ -2-

determine that a violation of the ADA has occurred because of the

handling of your medical records.

We also received from you and from the County information

regarding the statement made by then-commissioner Barfield at
your grievance hearing during the County Board meeting.
Mr. Barfield apparently asserted that an employee who has
consulted a psychiatrist is unable to supervise other employees.
While this may have been an inappropriate assertion that
theoretically could contribute to a hostile environment, you make
no allegation of a nexus between this statement and the
Commissioners' finding against you in the hearing, and a single
statement, without more, does not rise to the level of
discrimination under existing civil rights laws. We therefore
find no cause to determine that a violation of the ADA has
occurred because of Mr. Barfield's statement during your
grievance hearing.

Finally, in May of 1992, the County amended its personnel

policy to include a provision stating that "[a]ll personnel
responsible for recruitment and employment will . . . assure that
equal employment opportunity is being actively observed, to the
end that no employee or applicant for employment, will suffer
discrimination because of . . . physical or mental handicap."

Based on the foregoing information, we have concluded that

all of your allegations of discrimination by New Hanover County
have either been resolved or do not constitute violations of the
ADA. However, 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 New Hanover County. Rather, this letter is limited
to the allegations presented in your complaint.

Under the Freedom of Information Act, 5 U.S.C. 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 safe-
guard, to the extent permitted by the Freedom of Information Act
and the Privacy Act, the release of information that could
constitute an unwarranted invasion of your or other's privacy.
01-00028

​ -3-

If you have any questions concerning this letter, please

feel free to call Naomi Milton at (202) 514-9807. Please note
the new complaint number assigned to this case.

Sincerely,

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

cc: Wanda M. Copley

County Attorney
New Hanover County Legal Department

01-00029