# 96

II-2.4000 July 28, 1993

XXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXX
XXXX, Nevada XXXXX

Re: Old Complaint Number XXXXXXXXXXXX

New Complaint Number XXXXXXXX

Dear Mr. XXXXXX:

This letter constitutes the Department of Justice's Letter

of Findings with respect to the complaint you filed against the
XXXXXX County Sheriff's Office alleging discrimination on the
basis of disability. The Department of Justice is the agency
responsible under title II of the Americans with Disabilities Act
of 1990 (ADA) for investigating complaints filed against
components of State and local government in the area of law
enforcement.

Your complaint alleges that the XXXXXX County Sheriff's

Office has discriminated against you by denying your
participation in the patrol division because of your back injury
and subsequent sick leave. The Civil Rights Division has
completed its investigation of your complaint and has determined
that the XXXXXX County Sheriff's Office is not in violation of
title II of the ADA for the reasons explained below.

Title II of the ADA prohibits discrimination in employment

against qualified individuals with disabilities on the basis of
disability. 28 C.F.R. 35.140(a). "Disability" is defined as a
physical or mental impairment that substantially limits one or
more major life activities, a record of such an impairment, or
being regarded as having such an impairment. 28 C.F.R. 35.104.
The preamble to the Department of Justice's title II regulation
further defines what constitutes a disability as follows:

[T]he duration, or expected duration, of an impairment is

one factor that may properly be considered in determining
whether the impairment substantially limits a major life
activity. . . . The question of whether a temporary
impairment is a disability must be resolved on a case-by-
case basis, taking into consideration both the duration (or
expected duration) of the impairment and the extent to which
it actually limits a major life activity of the affected
individual.

56 F.R. 35699.

Our investigation of your complaint and the Sheriff's

Office's response revealed that you injured your back XXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXX, returning to full duty on
XXXXXXXXX,
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
you had
recovered from your back injury and that it no longer limits you
in any way.
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXX.

Dr. XXXXXXXXX confirmed

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
XXXXXXX Dr. XXXXXXXXXXXXXXXXXXXX wrote
XXXXXXXXXXXXXXXXXXXXX that
you had recovered XXXXXXXXXXXXXXXXXXXXX and were able to return
to full duty work XXXXXXXXXXXXXXXXXXXXX.

Because you have recovered from your injury to the point

that it no longer substantially limits any major life activities,
your impairment was temporary. Furthermore, the full extent of
your disability lasted ten months, and you were out of work for
only two months and not on full duty for a total of six months.
Because your impairment lasted a total of only ten months, and
because you were able to function during much of this time, the
Department has determined that you do not fall within the first
prong of the definition of disability.

For the reasons stated above, you similarly do not fall

within the second prong of the definition of disability: having
a record of impairment which substantially limits a major life
activity.

The third prong of the definition of disability is being

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

Based on the foregoing information, we have concluded that

you are not a qualified individual with a disability entitled to
the protections of title II. If you are dissatisfied with our
determination, you may file a private complaint in the United
States District Court under title II of the ADA.

This letter does not address other potential claims of

discrimination on the basis of disability that may arise from the
activities of the Washoe County Sheriff's Office. Rather, this
letter is limited to the allegations presented in your complaint.

You should be aware that Federal law protects your right to

file a complaint. A State or local government or recipient of
Federal financial assistance may not intimidate, threaten,
coerce, or engage in other discriminatory conduct against anyone
who has either taken action or participated in an action to
secure rights protected by the ADA or section 504. If at any
time you feel you are being harassed or intimidated because of
your dealings with the Department of Justice, we urge you to let
us know immediately. This office would investigate such a
complaint if the situation warrants.

Under the Freedom of Information Act, 5 U.S.C. 522, we may

be required to release this letter and other correspondence and
records related to your complaint in response to a request from a
third party. Should we receive such a request, we will safe-
guard, to the extent permitted by the Freedom of Information Act
and the Privacy Act, the release of information which could
constitute an unwarranted invasion of your or other's privacy.

If you have any questions concerning this letter, please

feel free to call Naomi Milton at (202) 514-9807.

Sincerely,

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

cc: XXXXXXXXXXXXXXXXXX
XXXXXXX
XXXXXX County Sheriff's Office