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EEOC AFFIDAVIT

AI1AE:

eather M. Johnson
I
(This form is affected by the Privacy Act of) 974. See Privacy Act Statement on reverse be/ore completing thisform.)
TELEPHONe

HOME:
NUMBER (Give area cc<1e)

(512) 778-6099 WORK:

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

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 Blvd, Austin, TX 78750


STATUS OF EMPLOYMENT
C ECKONE: CJ NOT WORKING NAl'AE OF El'.1PLOYER

CJ WORKING CJ SOUGHT EMPLOYMENT AT

r PE OF BUSINESS DATES OF EMPLOYMENT FROM: TO:

WHEN EMPLOYMENT WAS SOUGHT FADM TO:

PC SITJON TITLE DEPARTMENT

ACPAESS (Numberl 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 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 subsequentlyinformed him of also having a Reading
Disability.

o 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 were inaccurate. I also believe that the recommended plan of
ac ion did not properly consider my disability.

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 OF
2 2
JulOB,200B
/ /, .
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 lnsworn
taremenrs in making a determination as to the existence of unlawful discrimination.
DONATO RODRIGUEZ 111
Notary Public. State of Texas
R VERSE OF EEOC FOR~[ 133 (10194) My Commission Expires
OotQb~H 13. 2010
& u· t. 4 Gt
-::ecc Form 5 l5;Oi)

CHARGE OF DISCRIMINATION Charge Presented To: Agency(ies) Charge No(s):


This form is aifected by the Privacy Act of 1974. See enclosed Privacy Act
Statement and other information before completing this torm.
fK1 FEPA 650-08-345
[KJ EEOC 36A-2008-00319
Austin Equal Employment/Fair Housing Office and EEOi
Stete or local Agency, if any
Name (indicate Mr., Ms., Mrs.) Home Phone (Incl. Area Code) Date 01 Birth

Ms. Heather M. Johnson (512) 778-6099 07-04-1976


street 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 Believe
Discriminated 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 PLACE


Earliest Latest

DRACE D COLOR D SEX D RELIGION D NATIONAL ORIGIN 06-03-2008 06-04-2008


D RETALIATION D AGE 0 DISABILITY D 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 with the Respondent in an Associate Auditor I
oosltlon. 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. 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
i 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 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
F 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 as
f 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 1 change 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\1
I 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

/, W p1f-4A1~ 'I

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July 08, 2008


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

Date / Charging Parly Signatu!/ 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. TX 78229-3555
Toll Free: 866-408-8075
Potential Charge 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: 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 THE


MEDIA 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., d
City/State/Zip: I_, Q()j-'!(l. // II J{" lYGV'dPhone: /i/crlICfl-fY /) y '"'~
Fax Number: /3/ d
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(c:o(C::;:;r (' Cell Number:
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Entail: ~)-f7:
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If you have representation, please provide the fallowing information'
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Representative's Name: ri'/()/nl ')71t /;t./C/,"70


I Represe n ta t iv e ' s Address: ----'--'-'-"-I--.!-"=----"-'-+-r--'--+n--~::-"'''-'-oG.--'-''-'~'''r_''_----''~-'--'-"--''''-'''~-

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


I
Pre and Post Counseling Form
Page 2

Rate of pay with Respondent:

Relief/Remedy Charging Party is seeking:

Back Pay _ LwnpSum _


Reinstatement ------
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 questions
concerning the above.

~/lltu~£
Charging Party Signatu~
Oq-org-
Date
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
V Title VII, State Act: 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: ?1--"<b<-<.A--'- _

c./ Witnesses: be

D. Follow-up after charge is drafted .


..,/ Company notified within ten (10) working days or less
7. 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~ I .z
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)
---d Importance of notifying AHRC/EEOC of address/phone/employment changes
(FTL closure)

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

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

(over)
U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio Field Office
5410 Fredericksburg Road, Suite 200
San Antonio, TX 78229-3555
National Contact Center: (800) 669-4000
National Contact Center TTY: (800) 669-6820
San Antonio Status Line: (866) 408-8075
San Antonio Direct Dial: (210) 281-2550
TTY (210) 281-7610
FAX (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: 10:00 A.M.


Date: October 10, 2008 (Friday)
Location: Workforce Solutions
6505 Airport Blvd, # I 0 I
Austin, TX 78752
Mediator: Ernesto Escobedo

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 process
before 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 TITLE

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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: EEOC - Attention: Ernesto Escobedo

Fax No: (210) 281-2512

From: Dominic Audino

Re: Heather Johnson vs. Travis County Auditor's Office


EEOC Charge No. 2008-00319

Date October 3, 2008

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 Fax-History Report for
Personal Printer/Fax/CopierlScanner Dominic Audino
512 2522850
Oct 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 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 = $11,666.66 9531.2 23,430 estimate
Front pay (estimated) = $25,000.00 $25,000.00
Emotional Harm (est.) = $15,000.00 $15,000.00
Medical Cost = 15716
Attorney's Fees = $7,000.00 $7,000.00
Total $58,666.66
Total 86,146
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 AN EQUAL OPPORTUNITY EMPLOYER
SAN ANTONIO TX 78229-3555

OFFICIAL BUSINESS
PENALTY FOR PRIVATE USE $300
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U.S. EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
San Antonio Field Office
5410 Fredericksburg Road, Suite 200
San Antonio, TX 78229-3555
National Contact Center: (800) 6694000
National Contact Center TTY: (800) 669-6820
San Antonio Status Line: (866) 408-8075
San Antonio Direct Dial: (210) 281-2550
TTY (210) 281-7610
FAX (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


______ Travis County j~~!!9r) Office ,
R_e~s.:-p_on~den~

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

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. 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 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.

C. Explain the duration of the impairment.

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

p~o-
Pamela D. Taylor
IJ. ~!Vf
U
EEOC Federal Investigator
(210) 281-7665
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: 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 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

hmj7476@hughes.net
Page 1 of~ /

Heather M. Johnson

From: "Kathy Samaniego" <kathy@360balance.com>


To: "Heather M. Johnson" <hmj7476@hughes.net>
Sent: Tuesday, January 27,20091:43 PM
Subject: 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:hmj7476@hughes.net]


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: "Heather M. Johnson" <hmj7476@hughes.net>


To: "Kathy Samaniego" <kathy@360balance.com>
Sent: Monday, January 19, 20096:10 PM
Subject: 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:hmj7476@hughes.net]


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:hmj7476@hughes.net]


sent: Monday, January 19, 20092:19 PM
To: Kathy Samaniego
SUbject: Re: EEOC claim

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:hmj7476@hughes.net]


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

hmj7476@hughes.net

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:hmj7476@hughes.net]


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 PM
ubject: RE: EEOC claim

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:hmj7476@hughes.net]


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