eeoc

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

~ .------------------------------------------------------------------------------------,AI1AE: I TELEPHONe NUMBER (Give area cc<1e)

eather M. Johnson HOME: (512) 778-6099 WORK:

J PDRESS (Number, street. city. state. zip)

l01 Blesstnn Ranch Road, Liberty Hill, TX 78642THE FOLLOWING PERSON CAN ALWAYS CONTACT ME

Nlv>lE AND TELEPHONE NUMBER

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

rsos Research Blvd, Austin, TX 78750STATUS OF EMPLOYMENT

CJ NOT WORKINGCJ SOUGHT EMPLOYMENT AT

NAl'AE OF El'.1PLOYER

ACPAESS (Numberl street, city. state. zip)

C ECKONE:

CJ WORKING

r PE OF BUSINESS TO:

TO:

DATES OF EMPLOYMENT

WHEN EMPLOYMENT WAS SOUGHT

FROM:

FADM

PC SITJON TITLE DEPARTMENT

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 employment with the Respondent in an Associate Auditor I position.I was later made an Associate Auditor II.

On or about May 30,2008, via email, I informed Mr. Sean O'Neal, department manager that I had a disability; i.e.ar Auditory Processing Disorder and a Sleep Disorder. I subsequently informed him of also having a ReadingDisability.

o or about June 3,2008, I was issued a Performance Improvement Plan (PIP) by Mr. Jose Palacios, Chief ofStaff. Present in this meeting were Mr. Mike Crawford, Financial Analyst and Ms. April Bacon, Legal Advisor.

Toe identified issues addressed by the Respondent were inaccurate. I also believe that the recommended plan ofac ion did not properly consider my disability.

Or or about June 4, 2008, two coworkers, Mack Kreps and Tracy LaBlanc engaged in a conversation concerninga r ew accounting process. I interjected and asked a question as to 'who' informed the CountyAuditor's Office ofthe 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 terminatedbe ause of how I interacted with my coworkers earlier that day; i.e., when I asked 'who' gave them the informationco cerning the need of a system Change. They said that I exhibited disruptive communication, and it was madeclear 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 theAn ericans with Disabilities Act of 1990, and the Texas Commission on Human Rights Act as Amended.

JulOB,200B PAGE 2OF

2

TE

P IV ACY ACT SIA TEMENI:/ /, .

(This form is covered by the Pri\'~ Act of 1974. Public Law 93-579.

1. FOR:'! NUMBERfflTLEJDATE: EEOC FOR~'I 133. EEOC AFFIDA VIT. Decemi or 1993.2. AUTHORITY: 42 USC 20000(9). 29 USC 201. 29 USC 621. 42 U.S.C 12117.3. PRI}:'CIPAL PlJRPOSES: Provides a standardized format for obtaining sworn statements of information relevant to a charge of discrimination.4. 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 investigatory activity;

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: Voluntary: Failure to provide an affidavit

as no effect upon jurisdiction ofthe Commission to process a charge. However, sworn statements submitted by t.he panies .arc. c lnsworntaremenrs in making a determination as to the existence of unlawful discrimination. DONATO RODRIGUEZ 111

Notary Public. State of TexasMy Commission Expires

OotQb~H 13. 2010Gt& u· t. 4

R VERSE OF EEOC FOR~[ 133 (10194)

-::ecc Form 5 l5;Oi)

CHARGE OF DISCRIMINATION Charge Presented To:

fK1 FEPA

[KJ EEOC

Agency(ies) Charge No(s):

650-08-34536A-2008-00319

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

Austin Equal Employment/Fair Housing Office and EEOiStete or local Agency, if any

07-04-1976Name (indicate Mr., Ms., Mrs.) Home Phone (Incl. Area Code) Date 01 Birth

Ms. Heather M. Johnson (512) 778-6099street Address City, State and ZIP Code

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 BelieveDiscriminated Against Me or Others. (If more than two, list under PARTICULARS be/ow.) _. I

';;~VISCOUNTY, AUDITOR'S OFFICE I NO.;~~y~es~;~bers I Pho(n~;;{';;:;;;~ode)

treet Address City, State and ZIP Code

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

~ ame I No. Employees. Members I Phone No. (Include Area Code)

E reet Address City. State and ZIP Code

D SCRIMINATION BASED ON (Check appropriate box(es).) DAT~(S) DISCRIMINATION TOOK PLACEEarliest Latest

DRACE D COLOR D SEX D RELIGION D NATIONAL ORIGIN

D RETALIATION D AGE 0 DISABILITY D OTHER (Specity betow.)

06-03-2008 06-04-2008

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 with the Respondent in an Associate Auditor Ioosltlon. I was later made an Associate Auditor II.

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. Theil: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. Ii rterjected and asked a question as to 'who' told them of their errors and the need for the system change.

f 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 wasi formed that my employment was being terminated because of how I interacted with my coworkers earlier thatcay; i.e., when I asked 'who' gave them the information concerning the need of a system chanqe. They saidt at I exhibited disruptive communication, and it was made clear in the PIP memo that I was to stop allc 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 aF IP, and terminated 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 asf mended.

I. I want f!1;s charge filed with both the EEOC and the Stale or local Agency, it any. I NOTARY - When necessary for Slate and Local Agency Requirements. ;viii advise the agencies if 1change my address or phone number and \ will cooperate

fully with them in the processing of my charge in accordance with their procedures. Donato Rodriguez 1\1I swear or affirm that I have read the above charge and that it is true to

I declare under penalty of perjury that the above is true and correct. the best of my knowledge. informatio~~and elief

2~ ~ ~IG:~OF~N~,// 'I J<1'\ ~ ./, W p1f-4A1~ V ( Y -9 L/' 0------ _

/ /: . -- A V / tit/U' S~BS~;IBED AND SWORN TO BEFORE ME THIS DATEJuly 08, 2008 .../ f 7 J ./' f r . '---h'mont,~. day, year) I

Date / Charging Parly Signatu!/ JuIy 08, 2008

DONATO RODRIGUEl III" .Notary Public. State of ~exao \

My Commission ExpIresOctober 13.2010 _

JIiIiI'C""Ci'~"

U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSIONSan Antonio Field Office

5410 r rcdcricksburg Road. Suite 200San Antonio. TX 78229-3555

Toll Free: 866-408-8075Potential Charge Inquiries. 800-669-1000

TTY (210) 281-1610FAX (210)281-7690!.!J~p..lbx~y.\~'.~c.Hf..B:!.t~

CHARGING PARTYINVITATION TO MEDIATE

JUL 1 7 2008DATE:

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 readhow 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 thisINVIT ATION TO MEDIATE form to our MEDIATION STAFF within 20 days via mail to the address above orFAX to (210) 281-2512., /

OPTION #1: v YES, I WILL PARTICIPATE IN EEOC MEDIATION

OPTlON# 2: I WOULD LIKE ADDITIONAL INFORMATION----ABOUT MEDIATION

OPT/ON # 3: ___ I DO NOT WANT TO PARTICIPATE IN THEMEDIA nON PROCESS

Please complete lite box regardless oUlle option selected;

Name: '~k!1,jh)---~,h'j1SQ\ Address: rOC!; 19(3.5';-)1/ Ha7C/1l?/!

r., dCity/State/Zip: I_, Q()j-' (l. // II J{" lYGV'dPhone: /i/crlICfl-fY /)y '"'~

- '~I . /·r,/G,. r::-'1 7) JJFax Number: /3/d I /7- (c:o(C::;:;r (' Cell Number: -::)J,'?t'~ f? "(r; 099

Entail: ~)-f7: '2(/1c0/'i'{lo/(f S- /1(/ f'J ~ / .

If you have representation, please provide the fallowing information'V J ''l /"

Representative's Name: ri'/()/nl ')71t /;t./C/,"70

I Represe nta t ive ' s Address: ----'--'-'-"-I--.!-"=----"-'-+-r--'--+n--~::-"'''-'-oG.--'-''-'~'''r_''_----''~-'--'-"--''''-'''~-

I Represcntati ve 's City /Statc/Zi p: -L..--'-'=~=--_....L- -'----' __ -=--I-_I

Pre and Post Counseling FormPage 2

Rate of pay with Respondent:

Relief/Remedy Charging Party is seeking:

Reinstatement ------LwnpSum _Back Pay _

Other ---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 questionsconcerning the above.

~/lltu~£Charging Party Signatu~

Oq-org- aDDSDate

• t .••••• f1 '""\1/, .....••• ------------------------- --

AUSTIN HUMAN RIGHTS COMMISSIONPRE-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. JurisdictionV Title VII, State Act: concurrent & dual filingVNumber of employees

--1L. Timeliness7Administrative Dismissal of Charge: FTC, FTL, No Jurisdiction

C. Bases and Issues DeterminedV/Date(S) of alleged violation(s). Comparative Data: ?1--"<b<-<.A--'- _

c./ Witnesses: be

D. Follow-up after charge is drafted ...,/ Company notified within ten (10) working days or less7. 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 determinationConciliation process

~ Protection from retaliation (704a). u~ I 0'1- 0 'fI- .z0 I 0_"_/._ Right to Sue Request(s); Statutory time limits: ~State Court (2 years) .

Federal Court/ Importance of cooperating with AHRC!EEOC (FTC Closure)

---d Importance of notifying AHRC/EEOC of address/phone/employment changes(FTL closure)

OTHER INFORIWATION:Social Security No.: D.O.B. Q}- {)1-/99-'-

Phone No.: 5~;>"'If-1300Contact Person:

(over)


5410 Fredericksburg Road, Suite 200San Antonio, TX 78229-3555

National Contact Center: (800) 669-4000National Contact Center TTY: (800) 669-6820

San Antonio Status Line: (866) 408-8075San Antonio Direct Dial: (210) 281-2550

TTY (210) 281-7610FAX (210) 281-2512

September 24, 2008

Mr. Dominic AudinoLaw Office9442 N. Capital Texas Hwy, Ste 500Austin, TX 78759

RE: EEOC Charge No.: 36A-2008-00319Heather 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 scheduledfor the following time, date and place:

Time:Date:Location:

10:00 A.M.October 10, 2008 (Friday)Workforce Solutions6505 Airport Blvd, # I 0 IAustin, TX 78752Ernesto EscobedoMediator:

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

Also enclosed for your information, is a Rules for Mediation sheet and Mediation Information andPreparation 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, theMediator, facilitates communication between the parties to promote reconciliation, settlement orunderstanding among them. The Mediator may suggest ways of resolving the disputes, but maynot 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 theiragreement to mediate.

3. Consent to Mediator. The parties consent to the appointment of the individual named asMediator in their case. The Mediator shall act as an advocate for resolution and shall use theMediator'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 inany dispute in which the Mediator has any financial or personal interest in the result of themediation. Prior to accepting an appointment, the Mediator shall disclose any circumstanceslikely to create a presumption of bias. In the event that the parties disagree as to whether theMediator shall serve, the Mediator shall not serve.

5. Authority of the Mediator. The Mediator does not have the authority to decide any issue forthe 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 offersuggestions to assist the parties in achieving settlement.

6. Commitment to Participate in Good Faith. While no one is asked to commit to settle theircase in advance of mediation, all parties commit to participate in the proceedings in good faithwith the intention to settle, if at all possible.

7. Parties Responsible for Negotiating Their Own Settlement. The parties understand that theMediator will not and cannot impose a settlement in their case and agree that they are responsiblefor 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 guaranteeor represent that settlement will result from the mediation process.

8. Authority of Representatives. PARTY REPRESENTATIVES MUST HAVE AUTHORITYTO SETTLE AND ALL PERSONS NECESSARY TO THE DECISION TO SETTLE SHALLBE PRESENT. The names and addresses of such persons shall be communicated in writing toall 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. Themediation shall be held at the office of the Mediator, or at any other convenient locationagreeable to the Mediator and the parties, as the Mediator shall determine.

10. Privacy. Mediation sessions are private. The parties and their representatives may attendmediation sessions. Other persons may attend only with the permission of the parties and withthe consent of the Mediator.

11. Confidentiality. Confidential information disclosed to a Mediator by the parties in thecourse of the mediation shall not be divulged by the Mediator. The Mediator shall not becompelled to testify in regard to the mediation in any charge processing, adversary proceeding orjudicial forum. Any party that violates this agreement shall pay all fees and expenses of theMediator and other parties, including reasonable attorney's fees incurred in opposing the effortsto compel testimony or records from the Mediator.

The parties shall maintain the confidentiality of the mediation and shall not rely on, orintroduce 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 ofasettlement agreement by the parties; or b) by declaration of the Mediator to the effect that furtherefforts at mediation are no longer worthwhile.

15. Exclusion of Liability. Neither the Mediator nor the Commission shall be liable to any partyfor 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 allowthe parties to control the outcome of their case. It gives the parties an excellent opportunity to resolvetheir 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 discriminationoccurred. All proceedings in mediation are strictly confidential. Mediation does not require that theparties 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 bythe commission to mediate charges brought before the agency. The Mediators will not be involved ineither the investigation or any other processing of the case being mediated.

HOW MEDIATION WORKS. The Mediator will explain the mediation process to the parties. Eachparty will then have an opportunity to describe the facts regarding the dispute. The Mediator will askquestions to clarify and narrow the issues and to determine areas of agreement and disagreement betweenthe parties.

PREPARATION FOR MEDIATION. A mediation will proceed smoothly if all parties prepare inadvance for the mediation. IT IS VERY IMPORTANT TO PREPARE IN ADVANCE FOR YOURMEDIA 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 dateon 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 settlementposition.

5. Bring any helpful documentation or exhibits you already have in hand. These would be of use to youas 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 processbefore the scheduled date and time for mediation.Mediation and Information Preparation Guide (KeS) INFOPREPMED.WPD

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

00YY1 'I fl ,L Itu 0 {'""\.)TITLE

{4- H- (j V n Q. j()- 't It! '{" \\ ( Ct \ 1.'\ ,-, rt C. [.._! VY\ U("' T

An individual attending the mediation has a disability that will require an accommodation, or hasanother need that must be addressed in order to participate in the mediation.

~O)

If yes, please describe the accommodation or other need:' f\~{---.!/_A-.-:,:...-- ., _

__ (YES)

Please provide the above information to: Emesto Escobedo, ADR MediatorLl.S. Equal Employment Opportunity Commission5410 Fredericksburg Road, Suite 200San Antonio, TX 78229-3555

OR

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

The Law Offices of Dominic AudinoARBORETUM PLAZA ONE

9442 N. CAPITAL OF TEXAS HwY, SUITE 500AUSTIN, 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 anyproblems with the reception of the following pages, please call (512) 251-5004.

To: EEOC - Attention: Ernesto Escobedo

Fax No: (210) 281-2512

From: Dominic Audino

Re: Heather Johnson vs. Travis County Auditor's OfficeEEOC Charge No. 2008-00319

Date October 3, 2008

Message:

CONFIDENTlALITY NOTEThe 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 intendedrecipient or representative of the recipient, you are notified that any review, dissemination or copy of this FAX isprohibited. [fyou have received this FAX in error, please immediately notify the sender by telephone and return thisFAX to the sender at the above address.

HP OfficeJet G Series G85Personal Printer/Fax/CopierlScanner

Fax-History Report forDominic Audino512 2522850Oct 032008 9:24am

Last Fax

Identification Duration Pages lks.Yh

Oct 3 9: 24am Sent 2102812512 0:39 2 OK

Result:OK - black and white faxOkay 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 untilher termination on early June of 2008.

Heather emailed her supervisor Sean O'Neal of her Auditory processing Disability, ReadingDisability, and Sleep Disorder on June 1,2008. On June 3, 2008, she was placed on aPerformance Improvement Plan.

Not only was the P.I.P. inaccurate, but it also failed to afford any reasonable accommodation forMs. Johnson's disabilities.

Ms. Johnson was also discriminated against in the wake of her Whistleblower claim. While theEEOC does not have jurisdiction over this claim, I bring it up merely because a resolution of thismatter today will inevitably require the resolution of all claims against all parties.

THEIR ARGUMENTS

• Non-discriminatory reasons for your terminationo insubordinationo disruptive behavioro recording conversations against policy and procedure

OUR RESPONSE

• Preferred reasons are a mere pretexto no problems until you gave notice of a disability and made Whistleblower

complainto Former performance reviews do not indicate problemso No complaints about behavior until just before whistleblower complaint ando Notice of disability

DAMAGES

We seek back wages, front pay (instead of reinstatement), compensation for mental/emotionalharm, attorney's fees, interest and a neutral reference.

Back wages from June = $11,666.66Front pay (estimated) = $25,000.00Emotional Harm (est.) = $15,000.00Attorney'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 $58,666.66Total

$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



Toll Free: 866-408-8075Potential Charge Inquiries: 800-669-4000

TTY (210) 281-7610FAX (210) 281-7690http://www.eeoe.goy

December 15,2008Heather M. Johnsonc/o Dominic AudinoAttorney At Law9442 N. Capital Texas Hwy, Suite 500Austin, 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 mediationended in impasse and will await the submission of the organization's position statement prior tobeginning their investigation. The EEOC has requested that the Respondent submit a positionstatement and any supporting documents to our office within twenty (20) days of the date of thisletter. On occasion, extensions are granted for varying reasons.

If you have any additional information that will support your allegations, please submit theinformation to our office as soon as possible.

Although mediation is confidential, your assigned investigator may ask you if you wish todiscuss new settlement efforts during the upcoming investigation process. Please feel free tocontact our office at 210/281-2550 if you have any questions. Thank you in advance for yourcontinued cooperation in this investigation. - ~- --

Sincerely,

Michael C. FetzerDistrict Director

-- u.s. EQUAL EMPLOYMENT OPPORTUNITY COMMISSIONSan Antonio Field Office



TTY (210) 281-7610FAX (210) 281-7690http://www.eeoe.goy

December 15,2008Heather M. Johnsonc/o Dominic AudinoAttorney At Law9442 N. Capital Texas Hwy, Suite 500Austin, TX 78759

Re: EEOC Charge No.: 36A-2008-00319Heather 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 mediationended in impasse and will await the submission of the organization's position statement prior tobeginning their investigation. The EEOC has requested that the Respondent submit a positionstatement and any supporting documents to our office within twenty (20) days of the date of thisletter. On occasion, extensions are granted for varying reasons.

If you have any additional information that will support your allegations, please submit theinformation to our office as soon as possible.

Although mediation is confidential, your assigned investigator may ask you if you wish todiscuss new settlement efforts during the upcoming investigation process. Please feel free tocontact our office at 210/281-2550 if you have any questions. Thank you in advance for yourcontinued cooperation in this investigation.

Sincerely,

Michael C. FetzerDistrict Director

IS EaUAL EMPLOYMENT OPPORTUNITY COMMISSION3AN ANTONIO DISTRICT OFFICE5410 FREDERICKSBURG ROAD - SUITE 200SAN ANTONIO TX 78229-3555

AN EQUAL OPPORTUNITY EMPLOYER

OFFICIAL BUSINESSPENALTY FOR PRIVATE USE $300

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

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National Contact Center: (800) 6694000National Contact Center TTY: (800) 669-6820


TTY (210) 281-7610FAX (210) 281-7606

Dallas District OfficeSan Antonio Field OfficeEI Paso Area Office

December 17, 2008Ms. Heather M. Johnson601 Blessing Ranch RoadLiberty Hill, TX 78642

Charge No.: 36A-2008-00319______ R_e~s.:-p_on~den~Travis County j~~!!9r) Office ,

Re:

Dear Ms. Johnson:

This is to notify you that the above charge of discrimination has been assigned to me. Normally, Ionly contact you when there is new information or when I need additional information or furtherexplanation regarding the allegation(s).

Regarding the status of your case, the investigation is currently in process. Prior to anydetermination in this case, you will be advised of the evidence obtained duringtheinvestigation. Cases are investigated in the order that they are received. Therefore, those chargesfiled prior to your charge will be investigation before I will be able to concentrate on your specificallegation(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 thecourse 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 alsoincludes 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. to4:00 p.m. If you reach my voice mail, please include the charge number with your message. Iappreciate your patience and cooperation during the investigation of this charge.

Sincerely,

e~;;yer·J~Federal Investigator



National Contact Center: (800) 669-4000National Contact Center TTY: (800) 669-6820


TTY (210) 281-7610FAX (210) 281-7690

Dallas District OfficeSan Antonio Field OfficeEI Paso Area Office

Ms. Heather M. Johnson601 Blessing Ranch RoadLiberty 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. Tomake this determination written medical evidence is required to show that you have beenmedically diagnosed with a disability that rises to the level that it "substantially" limits one ormore of your major life activities.

1. Accordingl y, provide a written statement from the physician( s) treating you for yourdisability which addresses all of the following with regard to your disability:

A. Describe the disability and any resultant impairment.

B. 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 withothers, concentrating, and, in some cases, ability to work. Ability to work meansthe individual is significantly restricted in one's ability to perform either a class ofjobs 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 substantiallimitation in the major life activity of working). If yes, indicate the major lifeactivity(ies) and describe the degree of limitation.

C. Explain the duration of the impairment.

D. Explain the permanent or long term impact, or the expected permanent or longterm impact of or resulting from the impairment on your life.

Charge No.: 36A-2008-00319Page 2

E. Explain whether you used a mitigating measure (e.g., medication, insulin,prosthetic device, glasses, hearing aid, etc.) or compensating behavior inconnection 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 yoursymptoms, the respective side effects of each, and whether the-two cause-limitations-because-of the interaction-between themitigating measures.

~ Identify any behaviors you may have specifically developed tocompensate for the limitations of the impairment.

o Explain whether the mitigating measure or compensating behaviorfully or only partially controls the symptoms or limitations of theimpairment.

~ Describe the symptoms and limitations you experienced beforeusing the mitigating measure.

> Describe how well the mitigating measure controls thesymptoms and limitations of the impairment (whether themitigating measure controls the symptoms or limitations all ofthe time or only some of the time). If you use a behaviorspecifically developed to compensate for the limitationresulting from impairment, explain how well that behaviorcompensates for the limitation.

~ Explain how long you have been using the mitigating measureor compensating behavior.

> Explain whether the mitigating measure tends to become lesseffective under certain conditions. If so, explain and describe.

~ Explain whether the mitigating measure tends to be effectivefor a limited period of time. If so, explain and describe.

~ Explain whether you have changed mitigating measuresbecause previous ones became less effective. If so, explainhow many previous mitigating measures you have used;explain what happened when each became less effective; andexplain how long each remained effective.

> Explain whether there are any symptoms or limitations that areunaffected by the mitigating measure. If yes, identify them andexplain how severely they limit you from engaging in a majorlife activity.

Charge No.: 36A-2008-00319Page 3

~ Explain whether the impairment has caused any complicationsthat are not controlled by the mitigating measure that maysubstantially limit a major life activity. If so, explain anddescribe.

o Explain whether the mitigating measure itself causes any limitations inperforming a major life activity.

~ Explain any symptoms, side effects, or limitations in performing certainactivities as a result of using a mitigating measure. If so, explain and

- .describe the-severity aad-durasion-of eaeh-suclr-symptom; side-effect, orlimitation.

~ If you use two or more mitigating measures and they are not substantiallylimiting by themselves, explain whether there are combined negativeeffects of all the mitigating measures that substantially limit one or moremajor life activity. If so, identify the major life activity, explain how it issubstantially limited, and explain the duration of that limitation.

2. Explain how (if at all) your disability affects/prohibits you from performing tasksassociated 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 abouthow your disability affects/prohibits you from performing each ofthese daily tasks.

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

Sincerely,

p~o- IJ. ~!VfPamela D. Taylor UEEOC Federal Investigator(210) 281-7665




TTY (210) 281-7610FAX (210) 281-7606

Dallas DistrictSan Antonio Field OfficeEI Paso Area Office

January 26,2009

Heather M. Johnson601 Blessing Ranch RoadLiberty Hill, TX 78642

---R~rdin~ Charge-No.: 36A-2008-00319Respondent: 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 computerdevices with the government computers in the Commission. If the thumb drive contains relevantinformation to this charge, please submit it in hard copy. Also, at anytime during theinvestigation of this charge, you may submit information or evidence in support of yourallegations

If you have any further questions, you may contact me at (210) 281-7665. Thank you for yourcooperation.

Sincerely,

P~~D~Pamela D. TaylorEEOC Investigator

FaxTo: Pamela D. Taylor From: Heather M. Johnson

Fax: (210-281-7606 Pages: 33

Phone: Date: 1/27/2009

Re: EEOCciaim 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 processingdisorder. I have also enclosed information regarding literature for my auditory processing disorder anddyslexia. Due to the fact I have both an auditory processing disorder and a reading disability both areleading causes of dyslexia. My reading disability is not a diagnose from a doctor or physician, but froma psychologist at TSU. Unfortunately, I do not have documentation for the reading disability on recordbecause the information is shredded after five years. Please feel free to contact at me at anytime, andlet me know if the information submitted suffices. I will be submitting a packet by mail in regards to theinvestigation 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]

of~ /

Heather M. Johnson

From:To:Sent:Subject:

"Kathy Samaniego" <[email protected]>"Heather M. Johnson" <[email protected]>Tuesday, January 27,20091:43 PMRE: 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 onlyassume what I sent was received and will suffice. Let me know if you here differently.

Kathy Samaniego, AuDBoard Certified Doctor of Audiology7900 Shoal Creek Blvd., Ste 200Austin, TX 78757T: 512-345-4664 F: 512-345-6150

www.360balance.comhttp://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 anyhuman being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." French Quakermissionary Etienne de Grellet (1773-1855)

This email and any files transmitted with it may contain information that is PRIVILEGED AND CONFIDENTIAL. It is theproperty of 360 Balance and is intended only for the use of the intended recipient. If you have received this email in error, donot disseminate, distribute, forward, print or copy this email or any of its attachments. Immediately destroy/purge the emailand all attachments and notify the sender by reply of email. Any misuse/abuse may result in disciplinary action and/or legalliability. Unauthorized interception of this email is a violation offederallaw.

From: Heather M. Johnson [mailto:[email protected]]Sent: Friday, January 23, 20094:11 PMTo: Kathy SamaniegoSubject: Re: EEOCclaim

Kathy,

Are you still waiting to her from Pamela?

Thank You,Heather

---- Original Message ---From: Kathy SamaniegoTo: Heather M. JohnsonSent: Monday, January 19, 2009 5:05 PMSubject: 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?

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Heather M. Johnson

From:To:Sent:Subject:

"Heather M. Johnson" <[email protected]>"Kathy Samaniego" <[email protected]>Monday, January 19, 20096:10 PMRe: EEOC claim

P=D?

Yes, your correct and would have to be applicable in this situation and if it is not applicable inthe US which it appears from what you are saying from past experience it is not thatwould.make it even more of a health alarm because the majority of disabilities are not causedby a disease, so therefore; should have never required a written statement from physician, butthe 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. JohnsonSent: Monday, January 19, 2009 5:05 PMSubject: 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?



"I shall pass through this world but once. Any good thing, therefore, that I can do, or any kindness that 1 can show to anyhuman being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." French Quakermissionary Etienne de Grellet (1773-1855)

This email and any files transmitted with it may contain information that is PRIVILEGED AND CONFIDENTIAL. It isthe property of 360 Balance and is intended only for the use of the intended recipient. If you have received this email inerror, do not disseminate, distribute, forward, print or copy this email or any of its attachments. Immediately destroy/purgethe email and all attachments and notify the sender by reply of email. Any misuse/abuse may result in disciplinary actionand/or legal liability. Unauthorized interception of this email is a violation of federal law.

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From: Heather M. Johnson [mailto:[email protected]]Sent: Monday, January 19, 2009 4:47 PMTo: Kathy SamaniegoSubject: 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 inwhich all three are applied in the world, so in this case applying definition 2 where definition 1 is needed wouldbe using the incorrect choice and a world health violation because why would a system be enforcing two whenone 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 withmaintaining or restoring human health through the study, diagnosis, and treatment of disease andmJ!lIY.

----- Original Message -----

From: Kathy SamaniegoTo: Heather M. JohnsonSent: Monday, January 19, 2009 3:24 PMSubject: 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 knowhow WC works and they need a physician even though its a one time only deal and they see me numerous times. I willkeep you posted!



"1 shall pass through this world but once. Any good thing, therefore, that I can do, or any kindness that I can show to anyhuman being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." French Quakermissionary Etienne de Grellet (1773-1855)

This email and any files transmitted with it may contain information that is PRIVILEGED AND CONFIDENTIAL. It isthe property of 360 Balance and is intended only for the use of the intended recipient. If you have received this email inerror, do not disseminate, distribute, forward, print or copy this email or any of its attachments. Immediatelydestroy/purge the email and all attachments and notify the sender by reply of email. Any misuse/abuse may result indisciplinary action and/or legal liability. Unauthorized interception of this email is a violation of federal law.

1127/2009

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From: Heather M. Johnson [mailto:[email protected]]sent: Monday, January 19, 20092:19 PMTo: Kathy SamaniegoSUbject: Re: EEOC claim

Well, that would make the law illegal because not everybody who has insurance is required by law to have aphysician to receive medical services, thus; if that is true of the EEOC proceedings which is not worker'scompensation, but set up to provide investigation and handling claims in references to lawsuits withindividuals with disabilities, it circles in on itself and does not allow for everybody to file an investigationlegally who has sought out a medical diagnosis and been discriminated against in the work force due to theirdisability.

Thank You,Heather---- Original Message ---From: Kathy SamaniegoTo: Heather M. JohnsonSent: Monday, January 19, 2009 11:02 AMSubject: 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!


www.360balance.comh!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 toany human being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." French Quakermissionary Etienne de Grellet (1773 -185 5)

This email and any files transmitted with it may containinfonnation that is PRNILEGED AND CONFIDENTIAL. Itis the property of 360 Balance and is intended only for the use ofthe intended recipient. If you have received this emailin error, do not disseminate, distribute, forward, print or copy this email or any of its attachments. Immediatelydestroy/purge the email and all attachments and notify the sender by reply of email. Any misuse/abuse may result indisciplinary 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 AMTo: Kathy SamaniegoSubject: 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

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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

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ime of diagnosis because my insurance did not require me to see a physician first I did not have a primaryor do I currently have a primary physician. If this what you are referring??

hank You,eather M. Johnson

---- Original Message -----

rom: Kathy Samaniego0: Heather M. Johnsonent: Monday. January 19. 2009 8:57 AMubject: RE: EEOC claim

just left a message for your claim investigator because it appears that a physician should be documenting all of thisven though 1 diagnosed you. After 1 talk with Pam 1 will get started asap.

athy Samaniego, AuDoard Certified Doctor of Audiology900 Shoal Creek Blvd., Ste 200ustin, TX 78757: 512-345-4664 F: 512-345-6150

w.360balance.comtt ://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 toy human being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." Frenchuaker 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 thismail in error, do not disseminate, distribute, forward, print or copy this email or any of its attachments. Immediatelyestroy/purge the email and all attachments and notify the sender by reply of email. Any misuse/abuse may result inisciplinary 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 Samaniegoubject: Re: EEOC claim

i Kathy,

he rate is not an issue and is understandable part of buisness. I called and tried to explain to thenvestigator 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 statementrom my physician as the document indicates becasue that is what the law requires." which answers theuestions directly.

eather Johnson

1/27/2009

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---- Original Message -----rom: Kathy Samaniego0: Heather M. Johnsonent: Friday, January 16, 20092:47 PMubject: RE: EEOC claim

got your message and have printed out the information you attached but this is a substantial amount of writing thatnfortunately won't be free. My rate is $50 an hour and I am hoping that it won't take longer than that, but they areking 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, AuDoard Certified Doctor of Audiology900 Shoal Creek Blvd., Ste 200ustin, TX 78757: 512-345-4664 F: 512-345-6150

ww.360balance.comtt ://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 showo any human being, let me do it now. Let me not defer it or neglect it, for I shall not pass this way again." Frenchuaker missionary Etienne de Grellet (1773-1855)

his email and any files transmitted with it may contain information that is PRIVILEGED ANDONFIDENTIAL. It is the property of 360 Balance and is intended only for the use of the intended recipient. If youave received this email in error, do not disseminate, distribute, forward, print or copy this email or any of itsttachments. Immediately destroy/purge the email and all attachments and notify the sender by reply of email. Anyisuse/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 Samaniegoubject: 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 awritten statement of my in reference to the enclosed documents by 1/30/09. It is requiredby law. If you are unable to provide a written statement then please forward thedocuments to an individual who correctly handles the documents enclosed, so theinformation can be provided within the time frame allocated by the EEOC.

Thank You,

1127/2009

eeoc

Documents

employment agency

zip code

disabilities act

state of texas

enclosed privacy act

zip eebc form

eeoc affidavitthis form

human rights act