Petitioner: LARI THOMAS
Respondent: J. C. PENNEY COMPANY, INC.
Judges: DIANE CLEAVINGER
Agency: Commissions
Locations: Pensacola, Florida
Filed: Feb. 28, 2003
Status: Closed
Recommended Order on Friday, January 30, 2004.
Latest Update: Jun. 28, 2004
Summary: Whether Petitioner was discriminated against by Respondent, based upon her race, age, or sex in violation of Section 760.10, Florida Statutes.The evidence did not demonstrate discrimination based upon race, sex, or age, when the Respondent terminated the Petitioner because of a corporation-wide reduction in force. Recommended dismissal of petition.
STATE OF FLORIDASTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
LARI THOMAS,
Petitioner,
vs.
J. C. PENNEY COMPANY, INC., Respondent.
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) Case No. 03-0724
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ORDER CORRECTING RECOMMENDED ORDER
Paragraph 17 of the Findings of Fact in the Recommended Order entered January 30, 2004, has been corrected to read:
17. The evidence was clear that neither Petitioner’s nor Mr. Joachim’s appraisals were based on any foreknowledge of a future reduction in force by Respondent because such a reduction was unknown at the time of these appraisals. The evidence was also clear that Petitioner’s race, age, or sex played no role in the ratings and evaluations.
DONE AND ORDERED this 11th day of February, 2004, in Tallahassee, Leon County, Florida.
S
DIANE CLEAVINGER
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 11th day of February, 2004.
COPIES FURNISHED:
Denise Crawford, Agency Clerk
Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100
Tallahassee, Florida 32301
Cecil Howard, General Counsel
Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100
Tallahassee, Florida 32301
Cynthia Farris-Gruver, Esquire
J. C. Penney, Inc.
6501 Legacy Drive, Mail Station 1111
Plano, Texas 75024
Lari Thomas
1055 Wonderwood Court
Pensacola, Florida 32514-8512
Anthony Nathan Thomas, Sr. Qualified Representative 1055 Wonderwood Court
Pensacola, Florida 32514-8512
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Docket for Case No: 03-000724
| Issue Date |
Proceedings |
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Jun. 28, 2004 |
Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
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Feb. 16, 2004 |
Petitioner`s Exceptions to Recommended Order (filed via facsimile).
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Feb. 11, 2004 |
Order Correcting Recommended Order.
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Feb. 11, 2004 |
Letter to C. Howard from Judge Cleavinger enclosing corrected paragraph 17 of Findings of Fact in the Recommended Order entered January 30, 2004 filed.
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Feb. 10, 2004 |
Respondent`s Exception to Recommended Order (filed via facsimile).
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Jan. 30, 2004 |
Recommended Order (hearing held November 4 and 5, 2003). CASE CLOSED.
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Jan. 30, 2004 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Dec. 19, 2003 |
Respondent`s Motion to Dismiss Time-barred Claims filed.
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Dec. 16, 2003 |
Respondent`s Proposed Recommended Order (filed via facsimile).
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Dec. 02, 2003 |
Transcript (2 Volumes) filed. |
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Nov. 04, 2003 |
CASE STATUS: Hearing Held. |
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Oct. 22, 2003 |
Order Granting Request for Representation.
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Oct. 17, 2003 |
Respondent`s Opposition to Petitioner`s Request for Representation (filed via facsimile).
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Oct. 15, 2003 |
Order Granting Respondent`s Motion for Debra Kellum, Joseph Waslo, and James Graham to Testify by Telephone.
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Oct. 14, 2003 |
Request for Representation (filed by Petitioner via facsimile).
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Oct. 14, 2003 |
Petitioner`s Objection to Motion for Joseph Waslo, and James Graham to Testify in Person (filed via facsimile).
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Oct. 10, 2003 |
Respondent`s Witness List (filed via facsimile).
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Oct. 06, 2003 |
Respondent`s Motion for Debra Kellum, Joseph Waslo, and James Graham to Testify by Telephone (filed via facsimile).
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Aug. 11, 2003 |
Order (Respondent`s Motion to Dismiss Petition and/or for Summary Judgment denied).
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Jun. 12, 2003 |
Motion to Dismiss Petition and/or for Summary Judgment (filed by Respondent via facsimile).
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Mar. 20, 2003 |
Letter to E. Richbourg from D. Crawford confirming the request for court reporter services (filed via facsimile).
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Mar. 19, 2003 |
Order issued. (Respondent`s request to allow Cynthia Farris Gruver to appear as a qualified representative is granted)
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Mar. 14, 2003 |
Request for Representation by a Qualified Representative (filed by Respondent via facsimile).
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Mar. 14, 2003 |
Answer to Petition for Relief (filed by Respondent via facsimile).
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Mar. 13, 2003 |
Order of Pre-hearing Instructions issued.
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Mar. 13, 2003 |
Notice of Hearing issued (hearing set for November 4 and 5, 2003; 11:00 a.m.; Pensacola, FL).
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Mar. 11, 2003 |
Respondent`s Response to Initial Order and Motion for Continuance (filed via facsimile).
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Mar. 10, 2003 |
Response to Initial Order (filed by Petitioner via facsimile).
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Mar. 03, 2003 |
Initial Order issued.
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Feb. 28, 2003 |
Charge of Discrimination filed.
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Feb. 28, 2003 |
Notice of Determination: Cause filed.
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Feb. 28, 2003 |
Determination:Cause (race) filed.
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Feb. 28, 2003 |
Petition for Relief filed.
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Feb. 28, 2003 |
Transmittal of Petition filed by the Agency.
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Orders for Case No: 03-000724
| Issue Date |
Document |
Summary |
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Jun. 25, 2004 |
Agency Final Order
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Feb. 11, 2004 |
Other
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Jan. 30, 2004 |
Recommended Order
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The evidence did not demonstrate discrimination based upon race, sex, or age, when the Respondent terminated the Petitioner because of a corporation-wide reduction in force. Recommended dismissal of petition.
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