STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MILDRED M. PRICE,

Petitioner,

vs.

ESCAMBIA COUNTY SCHOOL DISTRICT,

Respondent.

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) Case No. 03-4709

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RECOMMENDED ORDER OF DISMISSAL

Pursuant to notice, this matter came on for final hearing on April 29, 2004, in Pensacola, Florida.

Section 760.10, Florida Statutes, establishes the factual elements required to proceed in a discrimination action brought thereunder. Section 760.10, Florida Statutes, states, in part:

1. It is an unlawful employment practice for an employer:

   
   

   1. To discharge or to fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment because of such individual’s race, color, religion, sex, national origin, age handicap or marital status.

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(7) It is an unlawful employment practice for an employer, an employment agency, a joint labor-management committee, or a labor organization to discriminate against any

person because that person has opposed any practice which is an unlawful employment practice under this section, or because that person has made a charge, testified, assisted, or participated in any manner in an investigation, proceeding, or hearing under this section.

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Unlawful employment practices under Chapter 760 are actions by an employer based on an individual’s race, age, gender, handicap, marital status or national origin. Clearly, general whistleblower activities unrelated to an individual's race, age, gender, handicap, marital status or national origin are not actionable under Chapter 760, Florida Statutes.

In this case, the hearing in this matter was convened with both parties present. An opening statement was given by Petitioner. During her opening, Petitioner stated no factual basis which would support a cause of action under Chapter 760. Indeed, the facts iterated by Petitioner as the basis for her claim did not appear to have any relationship to activities cognizable under Chapter 760, but pertained to some type of whistleblower activity involving alleged illegal drug activity by students at school and staff verbal confrontations with Petitioner. None of these activities are related to Chapter 760 or any individual’s, including Petitioner’s, race, age, gender, handicap, marital status or national origin.

Because of this lack of any factual basis in the opening statement, the undersigned inquired further of Petitioner regarding the factual basis of her cause of action. After discussion, Petitioner admitted that her case had nothing to do with her race, age, gender, disability, marital status or national origin or any activity protected by Chapter 760. Since Petitioner has no factual basis to state a cause of action under Chapter 760, the Petition for Relief should be DISMISSED.

DONE AND RECOMMENDED this 1st day of June, 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 1st day of June, 2004.

COPIES FURNISHED:

Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Mildred M. Price

8436 B Caminitti Lane Pensacola, Florida 32514

Joseph L. Hammons, Esquire Hammons, Longoria & Whittaker, P.A.

17 West Cervantes Street Pensacola, Florida 32501-3125

Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.

Docket for Case No: 03-004709

Orders for Case No: 03-004709