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Carla Dawn Franklin
Carla Dawn Franklin
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Bar #504092(FL)     License for 39 years; Member in Good Standing
Gainesville FL

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16-004123  JANCIE VINSON vs HIGBEE COMPANY, D/B/A DILLARD'S  (2016)
Division of Administrative Hearings, Florida Filed: Jul. 21, 2016
Whether Respondent subjected Petitioner to an unlawful employment practice on the basis of her race or age; or in retaliation to her engagement in a lawful employment activity, in violation of section 760.10, Florida Statutes.Petitioner failed to meet her burden of proving that Respondent engaged in a discriminatory employment practice based on her race or age, or as retaliation for her opposition to discriminatory acts.
11-003130  GEORGIE BREVILLE vs FLORIDA MANAGEMENT SOLUTIONS, INC.  (2011)
Division of Administrative Hearings, Florida Filed: Jun. 20, 2011
Whether the Petitioner demonstrated that she was employed by Respondent, the “employer” identified in her Petition for Relief, thus allowing her to proceed with her claim that she was the subject of an unlawful employment practice by Respondent.Petitioner failed to establish that Respondent was her employer. Respondent was not guilty of discrimination or of engaging in an unlawful employment practice.
05-002972  GABE KAIMOWITZ vs THREE RIVERS LEGAL SERVICES  (2005)
Division of Administrative Hearings, Florida Filed: Aug. 18, 2005
The issue is whether Respondent Three Rivers Legal Services engaged in unlawful employment practices with regard to Petitioner.Petitioner alleged age and race discrimination, and retaliation, as the reasons Respondent refused to hire him. Held: Petitioner was unsuitable for employment with Respondent.
09-000714  JOSEPH DELEO vs PROPERTIES OF THE VILLAGES, INC.  (2009)
Division of Administrative Hearings, Florida Filed: Feb. 11, 2009
The issue is whether Petitioner is entitled to seek relief pursuant to the Florida Civil Rights Act of 1992 under the jurisdiction of the Florida Commission on Human Rights.Petitioner filed a complaint of discrimination. The Florida Commission on Human Relations found that he was an independent contractor and not subject to Chapter 760, Florida Statutes. The facts reveal that he was an employee, and entitled to Chapter 760.
06-003319  UNIVERSITY OF FLORIDA, BOARD OF TRUSTEES vs J. CHRIS SACKELLARES, M.D.  (2006)
Division of Administrative Hearings, Florida Filed: Sep. 06, 2006
The issue is whether Petitioner had just cause to discipline Respondent by suspending his employment without pay as a tenured professor for six months, by prohibiting him from engaging in any activities with outside businesses, and by withdrawing existing outside activities exemptions or approvals.Petitioner had just cause to suspend Respondent without pay for releasing health information without authorization.
01-004324  UNIVERSITY OF FLORIDA vs BRIAN BOWEN  (2001)
Division of Administrative Hearings, Florida Filed: Nov. 02, 2001
Petitioner University of Florida seeks to terminate Respondent, pursuant to Rules 6C1-1.007, 6C1-1.008, 6C1-7.018, and 6C1-7.048, Florida Administrative Code, for conduct alleged as follows: Abusing the faculty member-student relationship; Fostering, by example, an environment in which substance abuse is promoted to students whom Respondent supervises; Creating a hostile learning environment; and Retaliation in the course of a sexual harassment investigation.Professor`s repeated misbehaviors with marijuana, tequila, and a one-time indiscretion with a female graduate offended multiple university rules and subjected him to termination.
94-006414  UNIVERSITY OF FLORIDA vs MARY CAPPELLARI  (1994)
Division of Administrative Hearings, Florida Filed: Nov. 04, 1994
Was Respondent guilty of misconduct which would warrant her suspension without pay for the period of September 30, 1994 through December 29, 1994? Is Respondent entitled to pay for the period of August 12-24, 1994?Respondent did not neglect her duties by failing to report to work or to receive her assignment letter.
89-000985  JOYCE A. GREEN vs. MARK III INDUSTRIES  (1989)
Division of Administrative Hearings, Florida Latest Update: Jan. 04, 1990
Whether or not Respondent has committed an unlawful employment practice by terminating Petitioner due to the "handicap" of manic depression and/or bipolar disorder.Bi-Polar Manic Depression is a "handicap" but this petitioner failed to meet bona fide job requirements, therefore no prima facie discrimination case.
88-003167  PATRICIA A. SWAN vs. DEPARTMENT OF CORRECTIONS  (1988)
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.

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