Division of Administrative Hearings, Florida
Latest Update: Nov. 10, 1988
The issue is whether the Department of Corrections, (DOC) engaged in an unlawful employment practice by discriminating against Petitioner, Patricia A. Swan, on account of race or in retaliation. Specifically, Petitioner alleges that DOC involuntarily reassigned Petitioner to another institution based on her race and in retaliation for her affidavit in another discrimination case; that DOC's failure to evaluate her in November, 1986, and November, 1987, was motivated by race; and that DOC changed her duties and her work station when it reassigned her back to her original place of employment BACKGROUND AND PROCEDURAL MATTERS Swan filed a complaint of discrimination with the Florida Commission on Human Relations (FCHR), which case bears FCHR Case No. 87-4466. A Notice of Determination was entered on May 17, 1988, wherein reasonable cause was found to exist that an unlawful employment practice had occurred. There was a failure of conciliation on June 1, 1988. As a result, Swan filed her Petition for Relief which forms the basis for this case.Standard for race discrimination and retaliation claims. Performance evaluations.