It is very sad because it is finally the year 2000, not the 1800's, and still qualified disabled individuals are treated as outcasts. We are not given an equal chance to prove that we can perform the task for which we are qualified to do. Most of the disabled in America can work and perform the same quality as anyone else, but we are pressured in being placed on "Disability" or accept lower paying jobs. The Declaration of Independence states: "We hold these Truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness". It is a terrible thing that we live in one of the greatest countries in the world and yet the disabled have to lower their standards of living because we look different. Most of us can never afford to live independently or have families of our own. On February 2, 2000 I was 32 years old and I still reside with my parents. Randy Travis, famous Country music singer, says it best when he sings "A Man Ain't Made Of Stone".  

There have been many individuals in our past that have faced great challenges to change America, to prevent it from discriminating against certain groups of people. In the 1800's American women did not experience the freedom and respect that men had. Susan B. Anthony worked to change that disparity, by becoming a leader in the crusade for women's rights. The Fourteenth Amendment, adopted in 1868, had declared that all people born in the United States were citizens and that no legal privileges could be denied to any citizen. Ms. Anthony decided to challenge this amendment. Saying that women were citizens and the amendment did not restrict the privilege of voting to men, she registered to vote in Rochester, New York, on November 1, 1872. Through Ms. Anthony's determined work, many professional fields became open to women by the end of the nineteenth century. Rosa Parks is another individual who changed the nation. Rosa Parks refused to give up her seat to a white man on December 1, 1955, she was tired and weary from a long day of work. Ms. Parks was tired of the treatment she and other African Americans received every day of their lives, with the racism, segregation, and Jim Crow laws of the time. Rosa Parks said "Our mistreatment was just not right, and I was tired of it". The rest of Ms. Parks' story is American history...her arrest and trial, a 381-day Montgomery bus boycott, and finally, the Supreme Court's ruling in November 1956 that segregation on transportation is unconstitutional.

Susan B. Anthony and Rosa Parks give me hope that things in America can be changed. These women didn't have access to the technology which we have today. With the use of the internet, newspapers, TV, and radio we should be able to educate America with the problem that is taking place today. It is up to the lawmakers to take a stand against the unfair treatment that the disable face. I've discovered that one lawmaker cannot change things, it will take them all to change America.

During the year of 2000, I have been rejected by as many as sixty different employers in various computer and electronics fields, not counting the jobs that was not computer or electronic related. I felt like I was a perfect candidate for a position at the new Corning Fiber Optic facility in Midland, North Carolina. They were not looking for just one person but hundreds; I knew I wasn't competing for just one job as I normally have. With my teaching skills, leadership skills, strong math and electronic background, and being mechanical minded made me feel like this was going to be the perfect place for me to work. 

The following is Corning's stated hiring process.

"The road to employment with Corning is a five (5) step process. It begins with (1) the Realistic Job Preview, (2) Testing, (3) Interviews, (4) Background Verification, and (5) Physical Examination. The applicant must meet the criteria set for each step in order to continue. The approximate time to complete this process is two months."

On February 4, 1999, I attended the realistic job preview and over the next several weeks, I completed the remaining steps; the final step being the physical examination on Monday March 29, 1999 at Northeast Medical Center in Concord, North Carolina. I completed and passed all the steps in their five-step process, I did well enough on the tests to be classified in the multi-skilled group. But like everywhere else I was not given the opportunity to prove that I could do the job. Once again, my disability weighed more than my qualifications. Then in June of 2000 I noticed Corning was taking applications once again, so I applied for the second time. I was sent a letter to attend another Realistic Job Preview/Testing session on August 1, 2000. I sat through the entire Job Preview but I was told not to take the test by Kathy M. Ames, Employee Relations Supervisor. Ms. Ames told me since I had already  passed  the test there was no need to take it again. She said they must have misplaced my files for the first interview process and told me I could leave. She said they would get in touch with me within the next few days. I haven't heard from them since then.

In January of 1999 I applied for a position entitled Computer Consultant II, a position that the North Carolina Department of Transportation posted. An Associates degree and eighteen months of experience were the minimum requirements. I not only met the minimum qualifications but exponentially exceeded them. I have taught electronics and computers for over nine years and I worked on weekends for one year for Computer, Accessories, & Supplies (CAS), a local computer supply and repair establishment. My job duties at CAS were to build, upgrade and repair computers, as well as to install and upgrade software, provide technical support for the local area and sell computers and computer accessories. In the past two years, I have been maintaining and servicing computers for several small businesses and individuals here in Stanly County. On April 1, 1999, I received a letter from the North Carolina Department of Transportation stating the following: 

"The Department of Transportation’s Qualification’s Review Section, has carefully evaluated your application and determined that you do not meet the minimum qualifications for this position."

The North Carolina Department of Transportation was aware of my disability, because I indicated in the application that I had a disability and I thoroughly explained it to them.  I also had Robert Thompson, my second cousin who retired from the NCDOT, to speak with Bill Williams and let him know that I had a disability. A few weeks after turning in my application I did a follow-up on this job and I e-mailed Bill Williams at Bill_Williams@mail.dot.state.nc.us and explained to him my qualifications and told him I looked forward to this interview. Despite my physical disability, it had no merit whatsoever in my ability to perform the duties of this position. This is a crystal clear case of discrimination. The Human Rights Act states the following:

"If a person is qualified to perform a particular job, it is unlawful to discriminate against that person on the grounds of a disability."

The North Carolina Department of Transportation has a State Personnel Manual with a Recruitment and Posting of Vacancies section that states the following:

"Vacant positions to be filled in State government shall be publicized by the agency having the vacancy to permit open and fair competition for all interested employees and applicants. The recruitment and selection process shall be consistently applied, non-discriminatory and promote open and fair competition and the hiring of a diverse workforce."

Within this same manual, there is also an Equal Employment Opportunity Policy section, which states the following:

"It is the policy of the State of North Carolina that neither race, religion, color, creed, national origin, sex, age, political affiliation, nor handicapping condition is to be considered in their recruitment and selection of new employees of the State,..."

Although I was overly qualified, I was not even given a chance for an interview. I began feeling very discouraged by the entire process. I realized then that I had to take a stand against what was taking place. I knew it was time make a case for qualified disabled individuals. On April 14, 1999, I filed a complaint against the North Carolina Department of Transportation to the Equal Employment Opportunity Commission (EEOC) in Charlotte, North Carolina. In May, I wrote them a letter inquiring about the status of my case. On Monday, May 24, 1999, Barry Fulp from the Equal Employment Opportunity Commission called me and informed me that he was waiting for a reply from the North Carolina Department of Transportation regarding my complaint. He stated that because of the large number of cases he could not spend much time on my complaint. He said if the North Carolina Department of Transportation could in fact prove that they hired someone more qualified, then there would be nothing that I could do. At the time I filed my charge of discrimination at the EEOC the job was still vacant so that couldn’t be the case. I was not considered qualified enough to even be given a chance or interview to prove my qualifications to the Department of Transportation. After this discussion with Mr. Fulp, I asked him if it would be of any help if I were to get a Lawyer. Mr. Fulp laughed at me and asked me if I was rich. He then made the comment that not even Johnnie Cochran could help me if he decided to dismiss the case. Now I am beginning to feel like the system that is supposed to protect my rights is failing.

On Monday August 16, 1999, I received a message on my answering machine from Mr. Fulp asking me to get in touch with him. Tuesday August 17, 1999, I received another message from Mr. Fulp, which he informed me that he was dismissing the case. First, he told me that he had the information back from the NCDOT for over a month and he did not have time to get in touch with me. He then said that the Department of Transportation hired someone more qualified. He told me that the Department of Transportation hired a man by the name of David Efird who worked for Caltec and had been working with Networks for over thirty years. The information that Mr. Fulp was telling me was not true; the Department of Transportation had hired a young man by the name of Gabe Dimeglio. During the summer semester of 1999 I taught a digital class at night at Stanly Community College and Gabe dropped by my class to talk. He told me that the Department of Transportation hired him as the Computer Consultant II which can be proven by (use the Back button to return to this page) going to http://apps01.dot.state.nc.us/apps/directory/649.html Gabe graduated from Stanly Community College many years after I did. He did not graduate with a degree in Data Processing either. Remember I applied for the open position in January and in mid April the job was still vacant, so who they hired had nothing to do with the case. Joyce Stafford, the lady who typed up my complaint on April 14, 1999 called and verified the position was still open. She even typed it on my complaint form. The EEOC in Charlotte ignored to look at the evidence and they continue to say there was no foul play involved.

While waiting to hear from the EEOC, I decided to do more research. I wrote Allen H. Perry, from the GAPCPD which is the Governors Advocacy Coucil for Person with Disabilities, at 2113 Cameron, Suite 218, Raleigh, NC 27605-1344 and explained to him the situation and I provided him the evidence that I have gathered. The purpose of GACPD is to provide for statewide protection and advocacy program; investigate complaints; pursue legal remedies for protection; review and recommend changes in laws; aid and assist local advocacy program; and advise and assist on employment issues. Their goal is "always to give people with disabilities equal opportunity in all areas of life". Advocacy Services staff members investigate complaints concerning the violation of the civil rights of persons with disabilities and acts for the resolution of these complaints. The GACPDs legal services section is staffed by attorneys who provide legal assistance and representation in judicial forums for all GACPD clients. GACPD's staff is suppose to review and recommend changes in laws, rules, regulations, programs and policies to ensure that the rights of persons with disabilities are safeguarded. For more inforomation about the GACPD goto (remember to use your Back button to return to this page) http://www.doa.state.nc.us/gacpd/gacpd.htm After they looked over the evidence, Brenda Carter - Lead Intake Specialist from GAPCPD told me that I had been discriminated against and that if I received a letter Of Dismissal from the EEOC, the EEOC could be held liable for their actions. On Friday August 20, 1999, I received my letter of "Dismissal and Notice of Rights" from the EEOC. I then e-mailed Allison Bowen at allison.bowen@ncmail.net. He works for the GAPCD too and was one of the individuals that Karen Hamilton recommended that I write to. Karen is the ADA Project Coordinator in North Carolina and she cares about people; she sent me a lot of great advice and additional NC agencies to write to. Brenda Carter e-mailed me back and politely told me to hire a lawyer.

I have written a letter to Lawyer Scott R. Taylor of Charlotte, North Carolina, and provided him with the evidence but he refused to get back in touch with me. Other Lawyers such as Roman C. Pibl of Salisbury, North Carolina, and several others were the same way. I wrote Lawyer Marvin Schiller of Raleigh, North Carolina and after several months went by his son called me. His son asked me to send him some additional information. I did what he asked and he refused to get back in touch. I e-mailed Todd W. Cline and Phyllis J. Lile-King; they specialize in Employment & Civil Rights, and I ask them for help. They sent me a letter by mail saying:  "I cannot provide you with legal representation". I wrote the U.S. Equal Employment Opportunity Commission, 1801 L. Street, NW, Washington, DC 20507 but again no response. I even wrote a letter and provided them the evidence that I have gathered to the Department of Justice in Washington, DC, but their response was "the Department does not serve as a reviewing authority for the decisions of other Federal or State agencies following their investigations of complaints about discrimination". This quote came directly from the U.S. Department of Justice, Disability Rights Section, I now feel like the laws are against the handicap or against certain types of handicaps.

I have written letters to The Honorable Jesse Helm’s and The Honorable John Edward’s, our state Senators, and to The Honorable Robin Haye’s, Members of Congress, and explained my story to them. Each one said they would be happy to assist me. On October 16, 1999 I wrote Governor James B. Hunt Jr. and explained my situation and sent him many photo copies of evidence which I have. 

October 15, 1999 I received a letter from The Honorable Robin Haye's which says: "In response to my inquiry on your behalf, I have been informed by the Equal Employment Opportunity Commission that there is nothing more EEOC can do to assist you in this particular matter." The Honorable Robin Hayes has chosen to believe their story over mine. The Honorable Jesse Helms was too busy to help me so he appointed Governor James B. Hunt Jr. to look into the situation. It must have made Governor James B. Hunt Jr. mad that The Honorable Jesse Helms would make him look into my situation because the Governor sent me back a letter degrading my experience more than anyone else has. Then The Honorable Jesse Helms sent me another copy of the letter degrading my experience. I thought one of the Nation's goals regarding individuals with disabilities is to assure equality of opportunity for such individuals. In North Carolina, the Law like the rest of society has tended to isolate and segregate individuals with disabilities. Individuals with disabilities continually encounter various forms of discrimination, including outright intentional exclusion, the discriminatory effects of benefits, jobs, or other opportunities.

On December 15, 1999 I sent my complaint about Stanly Community College to the Department of Labor OFCCP, Regional Office, 61 Forsyth Street, SW, Room 7b75, Atlanta Georgia 30303. I hoped the Department of Labor would look at the facts presented to them and make the correct judgments, but that was not what happened. On March 3, 2000 I received a letter from the U.S. Department of Labor saying, "We have closed the above referenced complaint under Section 503 of the Rehabilitation Act of 1973, as amended, because contract jurisdiction could not be established." The Department of Labor informed me that they have transferred my complaint to the Equal Employment Opportunity Commission in Charlotte, North Carolina for investigation.  

I have followed the required steps in filing a disability complaint to the EEOC in North Carolina, but the EEOC failed to investigate like they are required to do again. Because of those individuals within the agency failing to do there jobs properly the people that file claims are not receiving fair treatment, which violates those individuals rights.

It was on April 21, 2000 when I filed my charge of Discrimination based on Disability against Stanly Community College to the EEOC in Charlotte, North Carolina. Suzanna C. Thompson was the Senior Investigator that conducted the investigation. I provided Ms. Thompson with evidence, which she ignored. I provided Ms. Thompson with individuals that could prove the evidence that I submitted to the EEOC, but Ms. Thompson neglected her duties as an investigator and refused to contact my eyewitnesses.

Three weeks passed before the school would allow me to sign my contract. After signing my contract I noticed the school made changes to the contract, which violated procedures. They changed the title and salary amount, which they are not allowed to do; those changes were not changes that we negotiated. Section C of the school’s faculty handbook that I worked by clearly states: “If a job description changes during the year, it will be reevaluated by the appropriate committee. Should the job level change, a salary adjustment will take place at the beginning of the next fiscal year.” The duties of the position that I was to perform were still the duties of the Program Head not the title that they changed it too. I provided the last Program Head, Robert Harrison, of the Electronic department at Stanly Community College with a copy of my job duties. Here is what he had to say about them: "The sum of both pages does describe the Program head responsibilities." I passed this information to Ms. Thompson but she refused to get in touch with Mr. Harrison. As stated in the Faculty handbook: “All full-time positions must have a job description developed using a common format.”

Ms. Thompson began comparing my salary with another instructor at Stanly Community College. She chose to believe what Stanly Community College wrote on paper instead of abiding by the rules. This again shows how Ms. Thompson neglected her duties as an investigator. The rules clearly say that Instructors Salaries or “pay wages are based to the level of performed, and are comparable to rates paid for similar work in other institutions and in this area of the state, consider individual performance in determining a person’s compensation, and will provide fair and uniform administration of wages and salaries”. The salary Stanly Community College was offering me was much lower than those of other Electronic Instructors across the State. Ms. Thompson refused to gather the salaries of other instructors across the state with the same job duties. I provided her with this evidence and she chose to overlook it.

Other instructors in the past had lab assistants to straighten out the classroom, fix broken equipment, and to insure that the students had the correct parts ahead of time for the labs that were assigned to them. I was denied the same privileges that past instructors had. My second year classroom was totally unfit to teach out of. It would have violated the rules of OSHA if I were to teach in the condition it was in. I provided Ms. Thompson photographs of the condition of my second year classroom. I was denied a lab assistant to help me straighten out the classroom. Like past instructors I needed an experienced second year electronic student to assist me with the classroom. In the second year classroom there are parts such as motors, PLCs, relays, and other high voltage equipment. I needed an assistant with the knowledge of a second year student because they were taught the safety of handling and working with high voltages. Every second year student that I ask them to hire as my lab assistant they denied. I provided them with an individual that had already graduated the EET program to help me with my second year classroom, again the school denied my request. The ADA clearly says that a place of business is to provide a reasonable accommodation for someone with a disability. A second year EET student as my lab assistant would be classified as a reasonable accommodation. It wouldn’t be any extra hardship to the school since the last instructor had a second year EET student as his lab assistant.

AMERICANS WITH DISABILITIES ACT of 1990
S. 933
SEC. 2. FINDINGS AND PURPOSES.
(a)         Findings.--The Congress finds that—
   (4)    unlike individuals who have experienced discrimination on the basis of race, color, sex, national origin, religion, or age, individuals who have experienced discrimination on the basis of disability have often had no legal recourse to redress such discrimination;

My situation that I’ve just explained proves SEC. 2 (a) (4) is very true. It is a shame that our Government that is supposed to enforce disability discrimination is guilty of such an act them selves.

Stanly Community College which is operated by the State of North Carolina can afford expensive lawyers to get them out of any situation like the North Carolina Department of Transportation did. I cannot afford a lawyer because of the way the school has treated me. Besides, no lawyer will help me anyway. Governor James B. Hunt Jr., when he was the Governor of North Caroilna, has already proven he supports the decisions of the State of North Carolina even if they are wrong. On Governor Hunt's web page he has his famous quote: "Our greatest responsibility is to make sure that every North Carolina gets a good start in life and a good education. For education not only enables us -- it ennobles us". I think our former Governor's actions speak louder than his words.

I am a Christian man and my faith in God has given me the strength and courage to face my problems. The story of Job in the Holy Bible teaches me when everything is going wrong, do not give up. Job did not understand why all these things were happening to him, but he trusted God anyway. Maybe my purpose in life is to help bring an end to the unfair treatment the disable face each day. 

My story is not an isolated one. There are hundreds of thousands of others in America that face similar situations that I have been facing for past 12 years. While doing research over the internet I've discovered many other disabled individuals crying for help because they couldn't get fair treatment or anyone to help them. As a disabled individual I am not asking for special treatment but equal treatment. It is so cruel that America protects animals rights more than human rights, disabled people are humans too.

I hope no one will ever have to go through a similar situation like this. Educating the American public will be a way of preventing it from happening to others.

I would like to take the opportunity to thank you for taking the time to read my letter. It is time that the State of North Carolina, companies, businesses, and schools treat qualified physically disabled individuals equally, and offer an equal opportunity for employment based on job ability, not physical disability.

Sincerely,

Tommy Thompson

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