EEOC

Published on December 2016 | Categories: Documents | Downloads: 45 | Comments: 0 | Views: 1026
of 32
Download PDF   Embed   Report

The attached documents are for the EEOC case if decided to file in federal court by 6/25/09. What is your opinion? My feeling is the County tried to force another disability on me designing their PIP memo around their theories, instead coming to me and asking how to accommodate for the one I really obtain. This file transmitted with it may contain information that is PRIVILEGED AND CONFIDENTIAL. It is the property of Heather Johnson and is intended only for the use of the intended recipient. If you have received this invite in error, do not disseminate, distribute, forward, print or copy this email or any of its attachments. Immediately destroy/purge the invite and all files and notify the sender by reply of email. Any misuse/abuse may result in disciplinary action and/or legal liability. Unauthorized interception of this file is a violation of federal law.

Comments

Content

~

.------------------------------------------------------------------------------------, EEOC AFFIDAVIT
(This form is affected by the Privacy Act of) 974. See Privacy Act Statement on reverse be/ore completing thisform.)
AI1AE: TELEPHONe HOME:

I

NUMBER (Give area cc<1e)

eather M. Johnson
J PDRESS (Number, street. city. state. zip)

(512) 778-6099

WORK:

l01 Blesstnn Ranch Road, Liberty Hill, TX 78642 THE FOLLOWING PERSON CAN ALWAYS CONTACT ME
Nlv>lE AND TELEPHONE NUMBER

~tephen Moss 512/249-1300
A DRESS (Number. street, cily. stale. Zip)

rsos Research
C ECKONE:

Blvd, Austin, TX 78750 STATUS OF EMPLOYMENT

CJ

WORKING

CJ

CJ

NOT WORKING AT

NAl'AE OF El'.1PLOYER

SOUGHT EMPLOYMENT

r

PE OF BUSINESS

DATES OF EMPLOYMENT WHEN EMPLOYMENT WAS SOUGHT

FROM: FADM

TO: TO:

PC SITJON TITLE

DEPARTMENT

ACPAESS

(Number

l

street, city. state. zip)

EEbc

Form 133 (10/94)

ideclare under the penalty of perjury that the foregoing

is true and correct.

01 or about November 5,2007, I commenced I was later made an Associate Auditor II.

employment

with the Respondent

in an Associate

Auditor I position.

On or about May 30,2008, via email, I informed Mr. Sean O'Neal, department manager that I had a disability; i.e. informed him of also having a Reading Disability.

ar Auditory Processing Disorder and a Sleep Disorder. I subsequently

or about June 3,2008, I was issued a Performance Improvement Plan (PIP) by Mr. Jose Palacios, Chief of Staff. Present in this meeting were Mr. Mike Crawford, Financial Analyst and Ms. April Bacon, Legal Advisor. Toe identified issues addressed by the Respondent ac ion did not properly consider my disability. were inaccurate. I also believe that the recommended plan of

o

Or or about June 4, 2008, two coworkers, Mack Kreps and Tracy LaBlanc engaged in a conversation concerning a r ew accounting process. I interjected and asked a question as to 'who' informed the CountyAuditor's Office of the accounting/system errors and the need for the system change. Mr O'Neal overheard this discussion and asked me to sit down and be quiet.

La er that day, I met with Mr. Jose Palacios, Chief of Staff. Present in this meeting were Mr. Mike Crawford, Fir ancial Analyst and Ms. April Bacon, Legal Advisor. I was informed that my employment was being terminated be ause of how I interacted with my coworkers earlier that day; i.e., when I asked 'who' gave them the information co cerning the need of a system Change. They said that I exhibited disruptive communication, and it was made clear in the PIP memo that I was to stop all disruptive communication immediately. I deny that my 'communication' was disruptive. b lieve that the Respondent discriminated against me because of my disability, because it placed me on a PIP, an terminated my employment instead of asking what accommodation I might need to succeed, in violation of the An ericans with Disabilities Act of 1990, and the Texas Commission on Human Rights Act as Amended.

TE

PAGE

JulOB,200B
P IV ACY ACT SIA TEMENI: 1. FOR:'! NUMBERfflTLEJDATE: 2. AUTHORITY: 4. /, . (This form is covered by the Pri\'~ Act of 1974. Public Law 93-579.
/

2

OF

2

EEOC FOR~'I 133. EEOC AFFIDA VIT. Decemi or 1993.

42 USC 20000(9). 29 USC 201. 29 USC 621. 42 U.S.C 12117. investigatory activity;

3. PRI}:'CIPAL PlJRPOSES: Provides a standardized format for obtaining sworn statements of information relevant to a charge of discrimination. OUTL'iE USES: The affidavits are used to: (1) make an official determination regarding the validity of [he charge of dlscriminarion: (2) guide the Commission's nd (3) in Commission litigation. to impeach or substantiate a witness's testimony.

5. VHETHER DISCLOSURE IS MAl'·.'DATORY OR VOLUNTARY AND EFFECT ON NDIVIDCAL FOR PROVIDING INFORMATION: as no effect upon jurisdiction ofthe Commission to process a charge. However, sworn statements submitted by t.he panies .arc. c taremenrs in making a determination as to the existence of unlawful discrimination. R VERSE OF EEOC FOR~[ 133 (10194)

Voluntary: Failure to provide an affidavit lnsworn

DONATO RODRIGUEZ 111 OotQb~H 13. 2010 Gt & u· t. 4

Notary Public. State of Texas My Commission Expires

-::ecc

Form 5 l5;Oi)

CHARGE OF DISCRIMINATION
This form is aifected by the Privacy Act of 1974. See enclosed Privacy Act Statement and other information before completing this torm.

Charge Presented To:

Agency(ies)

Charge No(s):

[KJ

fK1

FEPA

650-08-345 36A-2008-00319
and

EEOC

Austin Equal Employment/Fair Housing Office
Stete or local Agency, if any Name (indicate Mr., Ms., Mrs.) Home Phone (Incl. Area Code)

EEOi

Date 01 Birth

Ms. Heather M. Johnson
street Address City, State and ZIP Code

(512) 778-6099

07-04-1976

001 Blessing Ranch Road, Liberty Hill, TX 78642
Named is the Employer, Labor Organization, Employment Agency, Apprenticeship Committee, or State or Local Govemment Agency That I Believe Discriminated Against Me or Others. (If more than two, list under PARTICULARS be/ow.) _.

';;~VISCOUNTY, AUDITOR'S OFFICE
treet Address City, State and ZIP Code

I

NO.;~~y~es~;~bers

I

I

Pho(n~;;{';;:;;;~ode)

010 Lavaca Street, 2nd Floor, Austin, TX 78703
~ ame

I
City. State and ZIP Code BASED ON (Check appropriate box(es).)

No. Employees. Members

I

Phone No. (Include Area Code)

E reet Address

D SCRIMINATION

DRACE

D

D
RETALIATION

COLOR

D

D
AGE

SEX

0

D
DISABILITY

RELIGION

D D

DAT~(S) DISCRIMINATION Earliest NATIONAL ORIGIN

TOOK PLACE Latest

06-03-2008

06-04-2008

OTHER (Specity betow.)

D

CONTINUING ACTION

T E PARTICULARS

ARE (If additional paper is needed, attach extra sheet(sj):

In or about November 5, 2007, I commenced employment oosltlon. I was later made an Associate Auditor II.

with the Respondent

in an Associate Auditor I

pn or about May 30, 2008, via email, I informed a department

manager that I had a disability.

bn or about June 3, 2008, I was issued a Performance Improvement Plan (PIP) by my supervisor. The il:lentified issues addressed by the Respondent were inaccurate. I also believe that the recommended plan of ction did not properly consider my disability. On or about June 4, 2008, two coworkers engaged in a conversation concerning a new accounting process. i rterjected and asked a question as to 'who' told them of their errors and the need for the system change.
f

I

department

manager overheard

this discussion

and asked me to sit down and be quiet.

later that day, I met with the Chief Assistant County Auditor, a Legal Advisor, and a Financial Analyst. I was i formed that my employment was being terminated because of how I interacted with my coworkers earlier that cay; i.e., when I asked 'who' gave them the information concerning the need of a system chanqe. They said t at I exhibited disruptive communication, and it was made clear in the PIP memo that I was to stop all c isruptive communication immediately. I deny that my 'communication' was disruptive. I believe that the Respondent discriminated against me because of my disability, because it placed me on a my employment instead of asking what accommodation ~m.ight need to suc:eed, in \, olation of the Americans with Disabilities Act of 1990, and the Texas Commission on Human Rights Act as

F IP, and terminated
mended.

f

I.

I want f!1;s charge filed with both the EEOC and the Stale or local Agency, it any. I . ;viii advise the agencies if 1 change my address or phone number and \ will cooperate fully with them in the processing of my charge in accordance with their procedures. that the above is true and correct.

NOTARY - When necessary for Slate and Local Agency Requirements

Donato Rodriguez 1\1
I swear or affirm that I have read the above charge the best of my knowledge. informatio~~and elief and that it is true to

I declare

under penalty

of perjury

/,
July 08, 2008
Date /

/ /:

.../ f 7

2~
.
J

-- A

V/
./' f

W

Charging Parly Signatu!/

~
r

~IG:~OF~N~,//

p 1f-4A1~

V (

Y -9

'I
L/'

J<1'\ ~

0------

.

_
I

tit/U' '---h'mont,~.
.

S~BS~;IBED AND SWORN TO BEFORE ME THIS DATE day, year)

Ju Iy 08, 2008
DONATO RODRIGUEl III" Notary Public. State of ~exao My Commission ExpIres . \

October 13.2010
JIiIiI'C""Ci'~"

_

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio Field Office
5410 r rcdcricksburg Road. Suite 200
San Antonio. Potential Charge TX 78229-3555

Toll Free: 866-408-8075
Inquiries. 800-669-1000 TTY (210) 281-1610

FAX (210)281-7690 !.!J~ p..lbx~y.\~' .~c.Hf..B:!.t~

CHARGING PARTY INVITATION TO MEDIATE
DATE:

JUL 1 7 2008

CHARGINGPARTY:

_

The Equal Employment Opportunity Commission (EEOC) has determined that your charge is eligible for mediation. Please review the attached pamphlet, "Mediation=What You Need To Know And Why You Should Try II", and read how mediation can work for you. We would like for you to try and benefit from mediation! Please check one of the following options and fill out your contact information in the box below. Lastly, return this INVIT ATION TO MEDIATE form to our MEDIATION STAFF within 20 days via mail to the address above or FAX to (210) 281-2512., /

OPTION #1: OPTlON# 2:

v

YES, I WILL PARTICIPATE IN EEOC MEDIATION I WOULD LIKE ADDITIONAL INFORMATION ABOUT MEDIATION I DO NOT WANT TO PARTICIPATE IN THE MEDIA nON PROCESS

---___

OPT/ON

# 3:

Please complete lite box regardless oUlle option selected;

'~k!1,jh)---~,h'j1SQ\ Address: rOC!; 19(3.5';-)1/ Ha7C/1l?/ r., d City/State/Zip: I_, Q()j-'!(l. // II J{" lYGV'dPhone: /i/crlICfl-fY /) y '"' ~
Name: Fax Number: Entail:
~)-f7:

/3/ d
'J

-

'~I I

/7-

.

(c:o(C::;:;r

/·r,/G,.

('

Cell Number:

-::)J,'?t'~

r::-'1

7)

f? "(r; 099

JJ

'2(/1c0/'i'{lo/(f ~ /
V
J

.

S- /1(/

f
information'
/"

If you have representation, please provide the fallowing
''l

Representative's

Name:

ri'/()/nl ')71t

/;t./C/,"70

I Represe n ta t iv e ' s Address:
I Represcntati
I

----'--'-'-"-I--.!-"=----"-'-+-r--'--+n--~::-"'''-'-oG.--'-''-'~'''r_''_----''~-'--'-"--''''-'''~-L..--'-'=~=--_....L-'----' __

ve 's City /Statc/Zi p:

-=--I-_

Pre and Post Counseling Form Page 2

Rate of pay with Respondent:

Relief/Remedy Charging Party is seeking: Reinstatement Other

------

Back Pay

_

LwnpSum

_

---F-v-"I---'I'----:R-'------'-"e=Wu....:'I..~e~J~..j.F-------

I

Ihave been advised of the above information and allowed an opportunity to ask questions concerning the above.

Charging Party Signatu~

~/lltu~£

Oq-orgDate

aDDS



t

.•••••

f1

'""\1/,

.....•••

-------------------------

--

AUSTIN HUMAN RIGHTS COMMISSION PRE-POST COUNSELING
A. Statute Filed under: . Ordinance (Employment, Housing, Public Accommodations) ---Title VII ofthe Civil Rights Act ---Age Discrimination in Employment --Z-TAmericans with Disabilities Act of 1990 ____ Equal Pay Act

B. Jurisdiction

concurrent & dual filing VNumber of employees --1L. Timeliness 7Administrative Dismissal of Charge: FTC, FTL, No Jurisdiction C. Bases and Issues Determined V/Date(S) of alleged violation(s) . Comparative Data:

V Title VII, State Act:

?1--"<b<-<.A--'-

_

c./

Witnesses:

be

D. Follow-up after charge is drafted . ..,/ Company notified within ten (10) working days or less Investigation _yaet Finding Conference: possibility and purpose ~ SettlementlRemedies under the Law Closure Procedures: __ Letter of determination; right to appeal to EEOC within 15 days of the no cause determination __ Letter of determination on ordinance cases; raght to appeal to AHRC within 15 days of the no cause determination Conciliation process ~ Protection from retaliation (704a). u~ 0'1- 0 'fI- 0 I 0 _"_/. Right to Sue Request(s); Statutory time limits: ~State _ Court (2 years) . Federal Court / Importance of cooperating with AHRC!EEOC (FTC Closure) Importance of notifying AHRC/EEOC of address/phone/employment changes (FTL closure)

7.

I

.z

---d

OTHER INFORIWATION:
Social Security No.: Contact Person: D.O.B.

Q}- {) 1-/99-'-

Phone No.:

5~;>"'If-1300
(over)

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio Field Office
5410 Fredericksburg Road, Suite 200
San Antonio, National Contact Center: National Contact Center TTY: San Antonio Status Line: San Antonio Direct Dial: TTY FAX TX 78229-3555 (800) 669-4000 (800) 669-6820 (866) 408-8075 (210) 281-2550 (210) 281-7610 (210) 281-2512

September 24, 2008

Mr. Dominic Audino Law Office 9442 N. Capital Texas Hwy, Ste 500 Austin, TX 78759 RE: EEOC Charge No.: 36A-2008-00319 Heather M. Johnson v. Travis County, Auditor's Office Dear Mr. Audino:
This letter is to confirm that the mediation meeting for the above referenced charge has been scheduled for the following time, date and place: Time: Date: Location: 10:00 A.M. October 10, 2008 (Friday) Workforce Solutions 6505 Airport Blvd, # I 0 I Austin, TX 78752 Ernesto Escobedo

Mediator:

Please return the enclosed "Notification of Participants and Accommodations" within five days of the date of this letter. We will be providing participant information to parties prior to attending the mediation session. Parties are reminded that persons with authority to resolve the charge must attend the mediation meeting. As well, representatives, if any, are permitted to attend the mediation. There is no cost to either party for participating in the mediation process.

Also enclosed for your information, is a Rules for Mediation sheet and Mediation Information and Preparation Guide. If you have any questions, please contact me immediately at (210) 281-2506. Thank you for your cooperation.

Enclosures (3)

RULES FOR MEDIATION 1. Definition of Mediation. Mediation is a process under which an impartial person, the Mediator, facilitates communication between the parties to promote reconciliation, settlement or understanding among them. The Mediator may suggest ways of resolving the disputes, but may not impose the Mediator's own judgment on the issues for that of the parties. 2. Agreement of Parties. The parties shall be deemed to have made these rules a part of their agreement to mediate. 3. Consent to Mediator. The parties consent to the appointment of the individual named as Mediator in their case. The Mediator shall act as an advocate for resolution and shall use the Mediator's best efforts to assist the parties in reaching a mutually acceptable settlement. 4. Conditions Precedent to Serving As Mediator. The Mediator shall not serve as a Mediator in any dispute in which the Mediator has any financial or personal interest in the result of the mediation. Prior to accepting an appointment, the Mediator shall disclose any circumstances likely to create a presumption of bias. In the event that the parties disagree as to whether the Mediator shall serve, the Mediator shall not serve. 5. Authority of the Mediator. The Mediator does not have the authority to decide any issue for the parties, but will attempt to facilitate the voluntary resolution of the dispute by the parties. The Mediator is authorized to conduct joint and separate meetings with the parties and to offer suggestions to assist the parties in achieving settlement. 6. Commitment to Participate in Good Faith. While no one is asked to commit to settle their case in advance of mediation, all parties commit to participate in the proceedings in good faith with the intention to settle, if at all possible. 7. Parties Responsible for Negotiating Their Own Settlement. The parties understand that the Mediator will not and cannot impose a settlement in their case and agree that they are responsible for negotiating a settlement acceptable to them. The Mediator, as an advocate for settlement, will use every effort to facilitate the negotiations of the parties. The Mediator does not guarantee or represent that settlement will result from the mediation process. 8. Authority of Representatives. PARTY REPRESENTATIVES MUST HAVE AUTHORITY TO SETTLE AND ALL PERSONS NECESSARY TO THE DECISION TO SETTLE SHALL BE PRESENT. The names and addresses of such persons shall be communicated in writing to all parties and to the Mediator prior to the mediation. 9. Time and Place of Mediation. The Mediator shall fix the time of each mediation session. The mediation shall be held at the office of the Mediator, or at any other convenient location agreeable to the Mediator and the parties, as the Mediator shall determine.

10. Privacy. Mediation sessions are private. The parties and their representatives may attend mediation sessions. Other persons may attend only with the permission of the parties and with the consent of the Mediator. 11. Confidentiality. Confidential information disclosed to a Mediator by the parties in the course of the mediation shall not be divulged by the Mediator. The Mediator shall not be compelled to testify in regard to the mediation in any charge processing, adversary proceeding or judicial forum. Any party that violates this agreement shall pay all fees and expenses of the Mediator and other parties, including reasonable attorney's fees incurred in opposing the efforts to compel testimony or records from the Mediator. The parties shall maintain the confidentiality of the mediation and shall not rely on, or introduce as evidence in any arbitral, judicial, or other proceeding: a) views expressed or
.

..

14. Termination of Mediation. The mediation shall be terminated: a) by the execution ofa settlement agreement by the parties; or b) by declaration of the Mediator to the effect that further efforts at mediation are no longer worthwhile. 15. Exclusion of Liability. Neither the Mediator nor the Commission shall be liable to any party for any act or omission in connection with any mediation conducted under these rules.

MEDIATION

INFORMATION

AND PREP ARA TION GUIDE

WHA T IS "MEDIATION"? Mediation is a process of assisted negotiation in which a neutral third party, the Mediator, assists parties in resolving their own dispute. The mediation process is designed to allow the parties to control the outcome of their case. It gives the parties an excellent opportunity to resolve their dispute early in the process before the possibility of prolonged litigation or a lengthy investigation. The Mediator's goals are to: 1. Help the parties define the differences between them; 2. Find ways to help the parties communicate with each other; 3. Help the parties explore options available to resolve their differences; and, 4. Assist the parties in reaching an agreement to resolve their dispute. It is not the Mediator's role to weigh the evidence, interview witnesses or determine if discrimination occurred. All proceedings in mediation are strictly confidential. Mediation does not require that the parties be represented by an attorney, although the parties may elect to have representation. WHO WILL MEDIATE THE CASE? A Mediator will be selected from a list of mediators authorized by the commission to mediate charges brought before the agency. The Mediators will not be involved in either the investigation or any other processing of the case being mediated. HOW MEDIATION WORKS. The Mediator will explain the mediation process to the parties. Each party will then have an opportunity to describe the facts regarding the dispute. The Mediator will ask questions to clarify and narrow the issues and to determine areas of agreement and disagreement between the parties. PREPARATION FOR MEDIATION. A mediation will proceed smoothly if all parties prepare in advance for the mediation. IT IS VERY IMPORTANT TO PREPARE IN ADVANCE FOR YOUR MEDIA TION SESSION. PLEASE COME PREPARED TO RESPOND TO THE FOLLOWING: 1. List the key events in date order. Be as specific as possible in your description of events and the date on which they occurred. 2. Describe the general nature ofthe dispute. 3. List any of the facts that are in dispute. 4. Briefly outline any settlement offers or any further information you need to form a realistic settlement position. 5. Bring any helpful documentation or exhibits you already have in hand. These would be of use to you as memory joggers and NOT as documents to be submitted to the mediator as evidence. RULES FOR MEDIATION. Please read the attached rules governing the mediation before the scheduled date and time for mediation. Mediation and Information Preparation Guide (KeS) INFOPREPMED.WPD process

Notification of Participants and Accommodations

E, Escobedo

Charge Number: 36A-2008-00319 (Heather M, Johnson v. Travis County, Auditor's Office)

The following individua1(s) will attend the mediation conference: NAME TITLE

00YY1 'I fl ,L

Itu 0 {'""\.)
()-

{4- H\ ( Ct \
1.'\ ,-,

(j

't rt

It! C.'{" \
[.._! VY\ U("'

V

n Q. j

T

An individual attending the mediation has a disability that will require an accommodation, or has another need that must be addressed in order to participate in the mediation. __ (YES) ~O)

If yes, please describe the accommodation or other need:'

f\~{---.!/_A-.-:,:...-- .,

_

Please provide the above information to:

Emesto Escobedo, ADR Mediator Ll.S. Equal Employment Opportunity Commission 5410 Fredericksburg Road, Suite 200 San Antonio, TX 78229-3555

OR Fax this information to Mr. Escobedo at: 210/281-2512

The Law Offices of Dominic Audino
ARBORETUM PLAZA ONE

9442 N. CAPITAL OF TEXAS HwY, SUITE 500 AUSTIN, TEXAS 78759 Voice: (512) 251-5004 Facsimile: (512) 252-2850

FACSIMILE TRANSMISSION
----;

We are sending you ",::"'letter size pages (including this cover page). Should you have any problems with the reception of the following pages, please call (512) 251-5004.

To: Fax No: From: Re:

EEOC - Attention: Ernesto Escobedo (210) 281-2512 Dominic Audino Heather Johnson vs. Travis County Auditor's Office EEOC Charge No. 2008-00319 October 3, 2008

Date Message:

CONFIDENTlALITY NOTE The Information contained in this FAX is confidential and/or privileged. This FAX is intended to be reviewed initially by only the individual named above. If the reader of this Transmittal Page is not the intended recipient or representative of the recipient, you are notified that any review, dissemination or copy of this FAX is prohibited. [fyou have received this FAX in error, please immediately notify the sender by telephone and return this FAX to the sender at the above address.

HP OfficeJet G Series G85 Personal Printer/Fax/CopierlScanner

Fax-History Report for
Dominic Audino 512 2522850 Oct 032008 9:24am

Last Fax
Identification Oct 3 9: 24am Sent 2102812512 Duration 0:39 Pages

lks.Yh
OK

2

Result: OK - black and white fax Okay color - color fax

HEATHER JOHNSON V. TRAVIS COUNTY AUDITOR'S OFFICE

OPENING STATEMENT
This is a case about discrimination. Heather Johnson worked for the Travis County Auditor's Office from November of 2007 until her termination on early June of 2008. Heather emailed her supervisor Sean O'Neal of her Auditory processing Disability, Reading Disability, and Sleep Disorder on June 1,2008. On June 3, 2008, she was placed on a Performance Improvement Plan. Not only was the P.I.P. inaccurate, but it also failed to afford any reasonable accommodation for Ms. Johnson's disabilities. Ms. Johnson was also discriminated against in the wake of her Whistleblower claim. While the EEOC does not have jurisdiction over this claim, I bring it up merely because a resolution of this matter today will inevitably require the resolution of all claims against all parties.

THEIR ARGUMENTS
• Non-discriminatory reasons for your termination o insubordination o disruptive behavior o recording conversations against policy and procedure

OUR RESPONSE
• Preferred reasons are a mere pretext o no problems until you gave notice of a disability and made Whistleblower complaint o Former performance reviews do not indicate problems o No complaints about behavior until just before whistleblower complaint and o Notice of disability

DAMAGES
We seek back wages, front pay (instead of reinstatement), compensation for mental/emotional harm, attorney's fees, interest and a neutral reference. Back wages from June = $11,666.66 Front pay (estimated) = $25,000.00 Emotional Harm (est.) = $15,000.00 Attorney's Fees = $7,000.000 Total $58,666.66

Back wages from June = Front pay (estimated) = Emotional Harm (est.) = Medical Cost = Attorney's Fees = Total $58,666.66
Total

$11,666.66 $25,000.00 $15,000.00 $7,000.00

9531.2 $25,000.00 $15,000.00 15716 $7,000.00 86,146

23,430 estimate

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio Field Office
5410 Fredericksburg Road, Suite 200 San Antonio, TX 78229-3555 Toll Free: 866-408-8075 Potential Charge Inquiries: 800-669-4000 TTY (210) 281-7610 FAX (210) 281-7690 http://www.eeoe.goy

December 15,2008 Heather M. Johnson c/o Dominic Audino Attorney At Law 9442 N. Capital Texas Hwy, Suite 500 Austin, TX 78759 R.-e-:-E-Eee-Charge -N0.: -3-6A. -"206~063-t9 Heather M. Johnson v. Travis County Auditor's Office Dear Mr. Audino: Thank you for attending the scheduled mediation session. We truly appreciate your participation; unfortunately, the mediation effort did not end in a resolution of all the issues. At this time, the investigator assigned to your charge will be notified only that the mediation ended in impasse and will await the submission of the organization's position statement prior to beginning their investigation. The EEOC has requested that the Respondent submit a position statement and any supporting documents to our office within twenty (20) days of the date of this letter. On occasion, extensions are granted for varying reasons. If you have any additional information that will support your allegations, please submit the information to our office as soon as possible. Although mediation is confidential, your assigned investigator may ask you if you wish to discuss new settlement efforts during the upcoming investigation process. Please feel free to contact our office at 210/281-2550 if you have any questions. Thank you in advance for your continued cooperation in this investigation. ~---'--

------

Sincerely,

Michael C. Fetzer District Director

--

u.s. EQUAL

EMPLOYMENT OPPORTUNITY COMMISSION San Antonio Field Office
5410 Fredericksburg Road, Suite 200 San Antonio, TX 78229-3555 Toll Free: 866-408-8075 Potential Charge Inquiries: 800-669-4000 TTY (210) 281-7610 FAX (210) 281-7690 http://www.eeoe.goy

December 15,2008 Heather M. Johnson c/o Dominic Audino Attorney At Law 9442 N. Capital Texas Hwy, Suite 500 Austin, TX 78759 Re: EEOC Charge No.: 36A-2008-00319 Heather M. Johnson v. Travis County Auditor's Office Dear Mr. Audino: Thank you for attending the scheduled mediation session. We truly appreciate your participation; unfortunately, the mediation effort did not end in a resolution of all the issues. At this time, the investigator assigned to your charge will be notified only that the mediation ended in impasse and will await the submission of the organization's position statement prior to beginning their investigation. The EEOC has requested that the Respondent submit a position statement and any supporting documents to our office within twenty (20) days of the date of this letter. On occasion, extensions are granted for varying reasons. If you have any additional information that will support your allegations, please submit the information to our office as soon as possible. Although mediation is confidential, your assigned investigator may ask you if you wish to discuss new settlement efforts during the upcoming investigation process. Please feel free to contact our office at 210/281-2550 if you have any questions. Thank you in advance for your continued cooperation in this investigation.

Sincerely,

Michael C. Fetzer District Director

.-..•

_-

IS EaUAL EMPLOYMENT OPPORTUNITY COMMISSION 3AN ANTONIO DISTRICT OFFICE 5410 FREDERICKSBURG ROAD - SUITE 200 SAN ANTONIO TX 78229-3555 OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE $300

AN EQUAL OPPORTUNITY

EMPLOYER

r /;

J

,i -~ ' .:

/
787S9$"(:2G2 C:i:'97

I

1111,1",','",',',1,',',,1,"

,,' ',',11",,1,11,1 ,,'

.r.

i,I,,'

I

~

,I

I

I

U.S. EQUAL EMPLOYMENT OPPORTUNITY San Antonio Field Office

COMMISSION
5410 Fredericksburg San Antonio, National Contact Center: National Contact Center TTY: San Antonio Status Line: San Antonio Direct Dial: TTY FAX Road, Suite 200 TX 78229-3555 (800) 6694000 (800) 669-6820 (866) 408-8075 (210) 281-2550 (210) 281-7610 (210) 281-7606

Dallas District Office San Antonio Field Office EI Paso Area Office

December 17, 2008 Ms. Heather M. Johnson 601 Blessing Ranch Road Liberty Hill, TX 78642 Re: ______ Charge No.: 36A-2008-00319 R_e~s.:-p_on~den~ County j~~!!9r) Office , Travis

Dear Ms. Johnson: This is to notify you that the above charge of discrimination has been assigned to me. Normally, I only contact you when there is new information or when I need additional information or further explanation regarding the allegation(s). Regarding the status of your case, the investigation is currently in process. Prior to any determination in this case, you will be advised of the evidence obtained duringthe investigation. Cases are investigated in the order that they are received. Therefore, those charges filed prior to your charge will be investigation before I will be able to concentrate on your specific allegation(s). Anyone filing a charge of discrimination is required to cooperate with our Commission. Therefore, you are required to notify the EEOC in writing of any change in your address or telephone number, or of any prolonged absences from your address of record. If I am unable to contact you during the course of the investigation your charge of discrimination may be dismissed. If you have any new evidence or additional relevant information to support your allegation(\), please subm-it it to me now or at any time during the investigation of tliis charge. That also includes any new witnesses or new contact information for witnesses that you previously identified. Please reference your charge number on all of your correspondence. You may contact me at (210) 281-7665. My office hours are Monday through Friday, 8:00 a.m. to 4:00 p.m. If you reach my voice mail, please include the charge number with your message. I appreciate your patience and cooperation during the investigation of this charge. Sincerely,

e~;;yer·J~
Federal Investigator

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio Field Office
5410 Fredericksburg San Antonio, National Contact Center: National Contact Center TTY: San Antonio Status Line: San Antonio Direct Dial: TTY FAX Dallas District Office San Antonio Field Office EI Paso Area Office Road, Suite 200 TX 78229-3555 (800) 669-4000 (800) 669-6820 (866) 408-8075 (210) 281-2550 (210) 281-7610 (210) 281-7690

Ms. Heather M. Johnson 601 Blessing Ranch Road Liberty Hill, TX 78642 Ref: _Charge N(:l.: 36A-2008~0031-9 Dear Ms. Johnson: A threshold issue regarding charges filed under the Americans With Disabilities Act of 1990 (ADA) is to determine if the person filing the charge is disabled as defined by the ADA. To make this determination written medical evidence is required to show that you have been medically diagnosed with a disability that rises to the level that it "substantially" limits one or more of your major life activities. 1. Accordingl y, provide a written statement from the physician( s) treating you for your disability which addresses all of the following with regard to your disability: A. B. Describe the disability and any resultant impairment. Explain if the impairment substantially limits a major life activity (e.g., walking, speaking, breathing, seeing, hearing, learning, caring for oneself, performing manual tasks, sitting, standing, lifting, reading, interacting with others, concentrating, and, in some cases, ability to work. Ability to work means the individual is significantly restricted in one's ability to perform either a class of jobs or a broad range of jobs in various classes compared to the average person. The inability to perform a single particular job does not constitute a substantial limitation in the major life activity of working). If yes, indicate the major life activity(ies) and describe the degree of limitation. Explain the duration of the impairment. Explain the permanent or long term impact, or the expected permanent or long term impact of or resulting from the impairment on your life.

C. D.

Charge No.: 36A-2008-00319 Page 2 E. Explain whether you used a mitigating measure (e.g., medication, insulin, prosthetic device, glasses, hearing aid, etc.) or compensating behavior in connection with the impairment at the time of the alleged discrimination. If so, o Identify the precise mitigating measurers) (e.g., medication, insulin, prosthetic device, glasses, hearing aid, etc.). If more than one explain how well each controls your symptoms, the respective side effects of each, and whether the -two cause-limitations-because-of the interaction-between the mitigating measures. ~ Identify any behaviors you may have specifically developed to compensate for the limitations of the impairment. o Explain whether the mitigating measure or compensating behavior fully or only partially controls the symptoms or limitations of the impairment. Describe the symptoms and limitations you experienced before using the mitigating measure. Describe how well the mitigating measure controls the symptoms and limitations of the impairment (whether the mitigating measure controls the symptoms or limitations all of the time or only some of the time). If you use a behavior specifically developed to compensate for the limitation resulting from impairment, explain how well that behavior compensates for the limitation. ~ Explain how long you have been using the mitigating measure or compensating behavior. > Explain whether the mitigating measure tends to become less effective under certain conditions. If so, explain and describe. ~ Explain whether the mitigating measure tends to be effective for a limited period of time. If so, explain and describe. ~ Explain whether you have changed mitigating measures because previous ones became less effective. If so, explain how many previous mitigating measures you have used; explain what happened when each became less effective; and explain how long each remained effective. > Explain whether there are any symptoms or limitations that are unaffected by the mitigating measure. If yes, identify them and explain how severely they limit you from engaging in a major life activity. ~ ~

>

Charge No.: 36A-2008-00319 Page 3 ~ Explain whether the impairment has caused any complications that are not controlled by the mitigating measure that may substantially limit a major life activity. If so, explain and describe.

o

Explain whether the mitigating measure itself causes any limitations in performing a major life activity. Explain any symptoms, side effects, or limitations in performing certain activities as a result of using a mitigating measure. If so, explain and - .describe the-severity aad-durasion-of eaeh-suclr-symptom; side-effect, or limitation. ~ If you use two or more mitigating measures and they are not substantially limiting by themselves, explain whether there are combined negative effects of all the mitigating measures that substantially limit one or more major life activity. If so, identify the major life activity, explain how it is substantially limited, and explain the duration of that limitation. ~

2.

Explain how (if at all) your disability affects/prohibits you from performing tasks associated with your daily life (for example, grocery shopping, attending. church, attending school functions, dressing, driving, doing yard work, hobbies, showering, caring for yourself, etc.). Please list each ofthe tasks so affected, and be specific about how your disability affects/prohibits you from performing each ofthese daily tasks.

Please submit this information no later than January 30, 2009. Failure to submit this information by this date will lead to your charge being dismissed for lack of cooperation. Sincerely,

Pamela D. Taylor U EEOC Federal Investigator (210) 281-7665

p~o-

IJ. ~!Vf

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION San Antonio Field Office
5410 Fredericksburg Road, Suite 200 San Antonio, TX 78229-3555 Toll Free: 866-408-8075 Potential Charge Inquiries: 800-669-4000 TTY (210) 281-7610 FAX (210) 281-7606

Dallas District San Antonio Field Office EI Paso Area Office

January 26,2009 Heather M. Johnson 601 Blessing Ranch Road Liberty Hill, TX 78642 ---R~rdin~ Charge-No.: 36A-2008-00319 Respondent: Travis County Auditor's Office

Dear Ms. Johnson: This is a follow up to our telephone conversation earlier today. I have enclosed your thumb drive. As a matter of policy, I cannot use any foreign computer devices with the government computers in the Commission. If the thumb drive contains relevant information to this charge, please submit it in hard copy. Also, at anytime during the investigation of this charge, you may submit information or evidence in support of your allegations If you have any further questions, you may contact me at (210) 281-7665. Thank you for your cooperation. Sincerely,

P~~D~
Pamela D. Taylor EEOC Investigator

Fax
To: Fax: Phone: Re: EEOCciaim Pamela D. Taylor (210-281-7606 From: Heather M. Johnson Pages: 33 Date: 1/27/2009

cc.

o Urgent

o For Review

o Please Comment

DPlease Reply

0 Please Recycle

Good Aftemoon, Enclosed is information and correspondence from my doctor regarding my auditory processing disorder. I have also enclosed information regarding literature for my auditory processing disorder and dyslexia. Due to the fact I have both an auditory processing disorder and a reading disability both are leading causes of dyslexia. My reading disability is not a diagnose from a doctor or physician, but from a psychologist at TSU. Unfortunately, I do not have documentation for the reading disability on record because the information is shredded after five years. Please feel free to contact at me at anytime, and let me know if the information submitted suffices. I will be submitting a packet by mail in regards to the investigation by the end of this week or the beginning of next week. Thank You, Heather M. Johnson 601 Blessing Ranch Rd. Liberty Hill, TX 78642 512-778-6099-home 512-497-2114-ce1l 512-778-6628-fax [email protected]

Page 1 of~ /

Heather M. Johnson
From: To: Sent: Subject: "Kathy Samaniego" <[email protected]> "Heather M. Johnson" <[email protected]> Tuesday, January 27,20091:43 PM RE: EEOC claim

Everything was sent over yesterday and 1 called her to make sure she checked the fax. I haven't heard back so 1 can only assume what I sent was received and will suffice. Let me know if you here differently.

Kathy Samaniego, AuD Board Certified Doctor of Audiology 7900 Shoal Creek Blvd., Ste 200 Austin, TX 78757 T: 512-345-4664 F: 512-345-6150 www.360balance.com http://www.360balance.com "I shall pass through this world but once. Any good thing, therefore, that I can do, or any kindness that I can show to any human being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." French Quaker missionary Etienne de Grellet (1773-1855) This email and any files transmitted with it may contain information that is PRIVILEGED AND CONFIDENTIAL. It is the property of 360 Balance and is intended only for the use of the intended recipient. If you have received this email in error, do not disseminate, distribute, forward, print or copy this email or any of its attachments. Immediately destroy/purge the email and all attachments and notify the sender by reply of email. Any misuse/abuse may result in disciplinary action and/or legal liability. Unauthorized interception of this email is a violation offederallaw.

From: Heather M. Johnson [mailto:[email protected]] Sent: Friday, January 23, 20094:11 PM
To: Kathy Samaniego Subject: Re: EEOCclaim Kathy, Are you still waiting to her from Pamela? Thank You, Heather

---- Original Message --From: Kathy Samaniego To: Heather M. Johnson Sent: Monday, January 19, 2009 5:05 PM Subject: RE: EEOC claim I get what you are saying, but I don't practice medicine. Now the 3rd definition maybe, but is that applicable to the US?

1127/2009

Page 1 of6

Heather M. Johnson
From: To: Sent: Subject: "Heather M. Johnson" <[email protected]> "Kathy Samaniego" <[email protected]> Monday, January 19, 20096:10 PM Re: EEOC claim

P=D? Yes, your correct and would have to be applicable in this situation and if it is not applicable in the US which it appears from what you are saying from past experience it is not that would.make it even more of a health alarm because the majority of disabilities are not caused by a disease, so therefore; should have never required a written statement from physician, but the specialties(doctor) who is licensed to handle the condition. medicine /med-i-cine/ (medi-sln)
1. any drug or remedy. 2. the diagnosis and treatment of disease and the maintenance of health. 3. the treatment of disease by nonsurgical means.

From: Kathy Samaniego
To: Heather M. Johnson Sent: Monday, January 19, 2009 5:05 PM Subject: RE: EEOC claim 1 get what you are saying, but 1 don't practice medicine. Now the 3rd defmition maybe, but is that applicable to the US?

Kathy Samaniego, AuD Board Certified Doctor of Audiology 7900 Shoal Creek Blvd., Ste 200 Austin, TX 78757 T: 512-345-4664 F: 512-345-6150 www.360balance.com http://www.360balance.com "I shall pass through this world but once. Any good thing, therefore, that I can do, or any kindness that 1 can show to any human being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." French Quaker missionary Etienne de Grellet (1773-1855) This email and any files transmitted with it may contain information that is PRIVILEGED AND CONFIDENTIAL. It is the property of 360 Balance and is intended only for the use of the intended recipient. If you have received this email in error, do not disseminate, distribute, forward, print or copy this email or any of its attachments. Immediately destroy/purge the email and all attachments and notify the sender by reply of email. Any misuse/abuse may result in disciplinary action and/or legal liability. Unauthorized interception of this email is a violation of federal law.

1127/2009

Page 2 of6

From: Heather M. Johnson [mailto:[email protected]]

Sent: Monday, January 19, 2009 4:47 PM
To: Kathy Samaniego

Subject: Re: EEOC claim
It is MLK day, so she probably will not return your call until tomorrow, no need to worry, she is quick to respond. Sounds like the we is running an illegal operation because the below are three definitions of a physician in which all three are applied in the world, so in this case applying definition 2 where definition 1 is needed would be using the incorrect choice and a world health violation because why would a system be enforcing two when one is the correct choice?

phyosiocianD (ff-zfsh'en) n. 1. A person licensed to practice medicine; a medical doctor. 2. A person who practices general medicine as distinct from surgery. 3. A person who heals or exerts a healing influence. A physician, medical practitioner or medical doctor practices medicine, and is concerned with maintaining or restoring human health through the study, diagnosis, and treatment of disease and mJ!lIY.

----- Original Message ----From: Kathy Samaniego To: Heather M. Johnson Sent: Monday, January 19, 2009 3:24 PM Subject: RE: EEOC claim I haven't spoken with her yet, but have left several messages so I am not sure whether this is the case or not! I just know how WC works and they need a physician even though its a one time only deal and they see me numerous times. I will keep you posted!

Kathy Samaniego, AuD Board Certified Doctor of Audiology 7900 Shoal Creek Blvd., Ste 200 Austin, TX 78757

T: 512-345-4664 F: 512-345-6150
www.360balance.com http://www.360balance.com "1 shall pass through this world but once. Any good thing, therefore, that I can do, or any kindness that I can show to any human being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." French Quaker missionary Etienne de Grellet (1773-1855) This email and any files transmitted with it may contain information that is PRIVILEGED AND CONFIDENTIAL. It is the property of 360 Balance and is intended only for the use of the intended recipient. If you have received this email in error, do not disseminate, distribute, forward, print or copy this email or any of its attachments. Immediately destroy/purge the email and all attachments and notify the sender by reply of email. Any misuse/abuse may result in disciplinary action and/or legal liability. Unauthorized interception of this email is a violation of federal law.

1127/2009

Page 3 of6

From: Heather M. Johnson [mailto:[email protected]] PM To: Kathy Samaniego SUbject: Re: EEOC claim

sent: Monday, January 19, 20092:19

Well, that would make the law illegal because not everybody who has insurance is required by law to have a physician to receive medical services, thus; if that is true of the EEOC proceedings which is not worker's compensation, but set up to provide investigation and handling claims in references to lawsuits with individuals with disabilities, it circles in on itself and does not allow for everybody to file an investigation legally who has sought out a medical diagnosis and been discriminated against in the work force due to their disability. Thank You, Heather ---- Original Message --From: Kathy Samaniego To: Heather M. Johnson Sent: Monday, January 19, 2009 11 :02 AM Subject: RE: EEOC claim No, very often in workers comp cases they need a physician to fill things out, even if you were seen by an audiologist. Not really a referral thing at all, just protocol for gov't agencies!

Kathy Samaniego, AuD Board Certified Doctor of Audiology 7900 Shoal Creek Blvd., Ste 200 Austin, TX 78757 T: 512-345-4664 F: 512-345-6150 www.360balance.com h!m://www.360balance.com "I shall pass through this world but once. Any good thing, therefore, that I can do, or any kindness that I can show to any human being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." French Quaker missionary Etienne de Grellet (1773 -185 5) This email and any files transmitted with it may containinfonnation that is PRNILEGED AND CONFIDENTIAL. It is the property of 360 Balance and is intended only for the use ofthe intended recipient. If you have received this email in error, do not disseminate, distribute, forward, print or copy this email or any of its attachments. Immediately destroy/purge the email and all attachments and notify the sender by reply of email. Any misuse/abuse may result in disciplinary action and/or legal liability. Unauthorized interception of this email is a violation of federal law.

From: Heather M. Johnson [mailto:[email protected]]

sent: Monday, January 19, 2009 10:54 AM
To: Kathy Samaniego Subject: Re: EEOC claim My insurance that I had at the time of diagnosis never required me to get a referral from a physician. At the

1/27/2009

Page 6 of6

Heather M. Johnson 601 Blessing Ranch Rd. Liberty Hill, TX 78642 512-778-6099-home 512-497-2114-cell 512-778-6628-fax [email protected]

1127/2009

Page 4 of6

ime of diagnosis because my insurance did not require me to see a physician first I did not have a primary or do I currently have a primary physician. If this what you are referring?? hank You, eather M. Johnson

---- Original Message ----rom: Kathy Samaniego
0: Heather M. Johnson

ent: Monday. January 19. 2009 8:57 AM ubject: RE: EEOC claim just left a message for your claim investigator because it appears that a physician should be documenting all of this ven though 1 diagnosed you. After 1 talk with Pam 1 will get started asap. athy Samaniego, AuD oard Certified Doctor of Audiology 900 Shoal Creek Blvd., Ste 200 ustin, TX 78757 : 512-345-4664 F: 512-345-6150 w.360balance.com tt ://www.360balance.com 'I shall pass through this world but once. Any good thing, therefore, that 1 can do, or any kindness that I can show to y human being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." French uaker missionary Etienne de Grellet (1773-1855) his email and any files transmitted with it may contain information that is PRIVILEGED AND CONFIDENTIAL.

t is the property of 360 Balance and is intended only for the use of the intended recipient. If you have received this

mail in error, do not disseminate, distribute, forward, print or copy this email or any of its attachments. Immediately estroy/purge the email and all attachments and notify the sender by reply of email. Any misuse/abuse may result in isciplinary action and/or legal liability. Unauthorized interception of this email is a violation offederallaw.

rom: Heather M. Johnson [mailto:[email protected]] nt: Saturday, January 17, 2009 10:19 AM
0: Kathy Samaniego

ubject: Re: EEOC claim
i Kathy, he rate is not an issue and is understandable part of buisness. I called and tried to explain to the nvestigator the same thing as you wrote below, and asked, "If I could answer the questions in the letter ith the information provided from the diganostic report?", but she stated, "It must be a written statement rom my physician as the document indicates becasue that is what the law requires." which answers the uestions directly.

eather Johnson
1/27/2009

Page 5 of6

---- Original Message ----rom: Kathy Samaniego 0: Heather M. Johnson ent: Friday, January 16, 20092:47 ubject: RE: EEOC claim

PM

got your message and have printed out the information you attached but this is a substantial amount of writing that nfortunately won't be free. My rate is $50 an hour and I am hoping that it won't take longer than that, but they are king for a lot of detailed information ....and quite frankly information that was already included in your diagnostic eport! Have you tried sending them that report as a reference for the required information?

athy Samaniego, AuD oard Certified Doctor of Audiology 900 Shoal Creek Blvd., Ste 200 ustin, TX 78757 : 512-345-4664 F: 512-345-6150 ww.360balance.com tt ://www.360balance.com I shall pass through this world but once. Any good thing, therefore, that I can do, or any kindness that I can show o any human being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." French uaker missionary Etienne de Grellet (1773-1855) his email and any files transmitted with it may contain information that is PRIVILEGED AND ONFIDENTIAL. It is the property of 360 Balance and is intended only for the use of the intended recipient. If you ave received this email in error, do not disseminate, distribute, forward, print or copy this email or any of its ttachments. Immediately destroy/purge the email and all attachments and notify the sender by reply of email. Any isuse/abuse may result in disciplinary action and/or legal liability. Unauthorized interception of this email is a iolation of federal law.

rom: Heather M. Johnson [mailto:[email protected]]
nt: Friday, January 16, 2009 12:38 PM

0: Kathy Samaniego
ubject: EEOC claim
Good Afternoon Kathy,

I was diganosed with a auditory processing disorder on 4/2/08 through 360 balance. Unfortunalty, I have an EEOC claim filed under the ADA of 1990. Please provide a written statement of my in reference to the enclosed documents by 1/30/09. It is required by law. If you are unable to provide a written statement then please forward the documents to an individual who correctly handles the documents enclosed, so the information can be provided within the time frame allocated by the EEOC. Thank You,

1127/2009

Sponsor Documents

Or use your account on DocShare.tips

Hide

Forgot your password?

Or register your new account on DocShare.tips

Hide

Lost your password? Please enter your email address. You will receive a link to create a new password.

Back to log-in

Close