Petitioner: ANNE BOLAND
Respondent: DIVISION OF EMERGENCY MANAGEMENT
Judges: E. GARY EARLY
Agency: Commissions
Locations: Tallahassee, Florida
Filed: Oct. 11, 2011
Status: Closed
Recommended Order on Thursday, January 26, 2012.
Latest Update: Jun. 27, 2012
Summary: Whether the Petitioners were subject to an unlawful employment practice by Respondent, the Florida Division of Emergency Management (DEM), on account of their sex or marital status in violation of section 760.10, Florida Statutes.Petitioners failed to demonstrate that Respondent discriminated against them on the basis of their sex or marital status.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
ANNE BOLAND, EEOC Case No. NONE
Petitioner, FCHR Case No. 2011-01065
v. DOAH Case No. 11-5198
DIVISION OF EMERGENCY FCHR Order No. 12-018 MANAGEMENT,
Respondent.
/
MICHAEL YOUNGER, EEOC Case No. NONE
Petitioner, FCHR Case No. 2011-01066
v. DOAH Case No. 11-5199
DIVISION OF EMERGENCY FCHR Order No. 12-018 MANAGEMENT,
Respondent.
/
FINAL ORDER DISMISSING PETITIONS FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE
Preliminary Matters
Petitioner Anne Boland filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2009), alleging that Respondent Division of Emergency Management committed an unlawful employment practice on the bases Petitioner’s sex (female) and marital status (separated) by constructively discharging Petitioner from employment.
The allegations set forth in the complaint were investigated, and, on September 7, 2011, the Executive Director issued his determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.
Petitioner Michael Younger filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, 760.01 - 760.11, Florida Statutes (2009), alleging that Respondent Division of Emergency Management committed an unlawful employment practice on the bases of Petitioner’s sex (male) and marital status (separated) by constructively discharging Petitioner from employment.
Filed April 23, 2012 10:13 AM Division of Administrative Hearings
The allegations set forth in the complaint were investigated, and, on September 8, 2011, the Executive Director issued his determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.
Petitioners filed Petitions for Relief and the cases were transmitted to the Division of Administrative Hearings for the conduct of formal proceedings.
The Division of Administrative Hearings consolidated the cases for the purposes of final hearing and the issuance of a Recommended Order.
An evidentiary hearing was held in Tallahassee, Florida, on December 12 and 13, 2011, before Administrative Law Judge E. Gary Early.
Judge Early issued a Recommended Order of dismissal, dated January 26, 2012.
The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.
Findings of Fact
We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.
We adopt the Administrative Law Judge’s findings of fact.
Conclusions of Law
We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.
We adopt the Administrative Law Judge’s conclusions of law.
Exceptions
Respondent filed exceptions to the Administrative Law Judge’s Recommended Order in a document entitled “Agency’s Exceptions to Recommended Order and Supporting Legal Arguments,” received by the Commission on February 10, 2012.
The document excepts to the Administrative Law Judge’s finding / conclusion that the Petitioners were constructively discharged, as set out in footnote 3 of the Recommended Order, contending that this finding / conclusion is not supported by competent substantial evidence.
The Commission has stated, “It is well settled that it is the Administrative Law Judge’s function ‘to consider all of the evidence presented and reach ultimate conclusions of fact based on competent substantial evidence by resolving conflicts, judging the credibility of witnesses and drawing permissible inferences therefrom. If the evidence presented supports two inconsistent findings, it is the Administrative Law Judge’s role to decide between them.’ Beckton v. Department of Children and Family Services, 21
F.A.L.R. 1735, at 1736 (FCHR 1998), citing Maggio v. Martin Marietta Aerospace, 9
F.A.L.R. 2168, at 2171 (FCHR 1986).” Barr v. Columbia Ocala Regional Medical Center, 22 F.A.L.R. 1729, at 1730 (FCHR 1999). Accord, Bowles v. Jackson County Hospital Corporation, FCHR Order No. 05-135 (December 6, 2005) and Eaves v. IMT- LB Central Florida Portfolio, LLC, FCHR Order No. 11-029 (March 17, 2011).
In our view, the testimony presented at pages 53 through 55 and 67 through 70 of Volume 1 of the transcript of the proceedings for December 12, 2011, supports the excepted-to finding / conclusion.
Respondent’s exceptions are rejected.
Dismissal
The Petitions for Relief and Complaints of Discrimination are DISMISSED with prejudice.
The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.
DONE AND ORDERED this 23rd day of April , 2012. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Gayle Cannon; and
Commissioner Michael Keller
Filed this 23rd day of April , 2012, in Tallahassee, Florida.
/s/ Violet Crawford, Clerk Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082
Copies furnished to:
Anne Boland
Post Office Box 10253 Tallahassee, FL 32302
Michael Younger Post Office Box 503
Tallahassee, FL 32302
Division of Emergency Management c/o Gretchen Kelley Brantley, Esq. c/o Glen A. Bassett, Esq.
Office of the Attorney General The Capitol, Plaza Level 01 Tallahassee, FL 32399-1050
E. Gary Early, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel
I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 23rd day of April , 2012.
By: /s/ Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 11-005198
Issue Date |
Proceedings |
Jun. 27, 2012 |
Order Denying Respondent's Motion to Award Costs and Attorney's Fees filed.
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Apr. 23, 2012 |
Agency's Exceptions to Recommended Order and Supporting Legal Arguments filed.
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Apr. 23, 2012 |
Agency's Exceptions to Recommended Order and Supporting Legal Arguments filed.
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Apr. 23, 2012 |
(Agency) Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Apr. 23, 2012 |
(Agency) Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
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Apr. 13, 2012 |
Respondent's Motion to Award Costs and Attorneys Fees (filed in Case No. 11-5199). (DOAH CASE NO. 12-1279F ESTABLISHED)
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Apr. 13, 2012 |
Respondent's Motion to Award Costs and Attorneys Fees filed. (DOAH CASE NO. 12-1278F ESTABLISHED)
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Jan. 26, 2012 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Jan. 26, 2012 |
Recommended Order (hearing held December 12, 2011). CASE CLOSED.
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Jan. 26, 2012 |
(Petitioner's) Proposed Recommended Order (filed in Case No. 11-005199).
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Jan. 24, 2012 |
Notice of Appearance (Gretchen Brantley; filed in Case No. 11-005199).
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Jan. 24, 2012 |
Notice of Appearance of Glen A. Bassett on behalf of Respondent filed.
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Jan. 23, 2012 |
Proposed Recommended Order filed.
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Jan. 23, 2012 |
Order Granting Motion to Withdraw.
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Jan. 19, 2012 |
Defense Counsel's Motion to Withdraw filed.
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Jan. 19, 2012 |
Notice of Substitution (Kurt Ahrendt) filed.
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Jan. 12, 2012 |
Transcript of Proceedings Volume I-II December 13, 2011 (not available for viewing) filed. |
Jan. 12, 2012 |
Transcript of Proceedings Volume I-II December 12, 2011 (not available for viewing) filed. |
Dec. 12, 2011 |
CASE STATUS: Hearing Held. |
Dec. 08, 2011 |
Respondent's Witness List for Final Hearing (filed in Case No. 11-005199).
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Dec. 08, 2011 |
Respondent's Response to Complainant's First Request for Production to Respondent (filed in Case No. 11-005199).
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Dec. 08, 2011 |
Respondent's Response to Petitioner's Request for Admissions (filed in Case No. 11-005199).
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Dec. 08, 2011 |
Respondent's Response to Petitioner's First Set of Interrogatories (filed in Case No. 11-005199).
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Dec. 07, 2011 |
Order on Respondent`s First Motion to Compel Discovery from Petitioner, Anne Boland.
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Dec. 06, 2011 |
Notice of Appearance of Additional Counsel (Gretchen Kelley Brantley) filed.
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Dec. 06, 2011 |
Respondents Motion to Compel Discovery Responses from Petitioner filed.
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Dec. 06, 2011 |
Order Denying Continuance of Final Hearing.
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Nov. 30, 2011 |
Defendant's Second Amended Notice of Taking Deposition of Dana Younger (filed in Case No. 11-005199).
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Nov. 30, 2011 |
Respondent's Response in Opposition to Petitioner's Motion for Continuance of Final Hearing (filed in Case No. 11-005199).
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Nov. 28, 2011 |
Defendant's Notice of Continuation of Taking Deposition of Petitioner, Anne Boland filed.
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Nov. 23, 2011 |
Defendant's Amended Notice of Taking Deposition of Dana Younger (filed in Case No. 11-005199).
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Nov. 22, 2011 |
Order Denying Motion to Quash Deposition and Request for Protective Order.
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Nov. 21, 2011 |
CASE STATUS: Motion Hearing Held. |
Nov. 21, 2011 |
Respondent's Response in Opposition to Petitioner's Motion to Quash and Motion for Protective Order (filed in Case No. 11-005199).
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Nov. 21, 2011 |
Petitioner's Notice of Serving Answers to Respondent's First Request for Production to Petitioner filed.
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Nov. 21, 2011 |
Petitioner's Notice of Serving Answers to Respondent's First Set of Interrogatories to Petitioner filed.
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Nov. 21, 2011 |
Petitioner's Motion for Continuance of Final Hearing (filed in Case No. 11-005199).
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Nov. 21, 2011 |
Petitioner's Notice of Serving Answers to Respondent's First Request for Production to Petitioner (filed in Case No. 11-005199).
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Nov. 21, 2011 |
Petitioner's Notice of Serving Answers to Respondent's First Set of Interrogatories to Petitioner (filed in Case No. 11-005199).
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Nov. 21, 2011 |
Emergency Motion to Quash Notice of Deposition and Request for Protective Order
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Nov. 16, 2011 |
Defendant's Notice of Taking Deposition of D. Younger (filed in Case No. 11-005199).
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Nov. 07, 2011 |
Notice of Production (filed in Case No. 11-005199) filed.
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Nov. 07, 2011 |
Petitioner's Request for Admission (filed in Case No. 11-005199) filed.
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Nov. 07, 2011 |
Notice of Service of Petitioner's First Set of Admissions to Respondent (filed in Case No. 11-005199).
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Nov. 07, 2011 |
Petitioner's First Set of Interrogatories (filed in Case No. 11-005199) filed.
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Nov. 07, 2011 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent (filed in Case No. 11-005199).
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Nov. 07, 2011 |
Notice of Service of Petitioner's First Set of Interrogatories to Respondent (filed in Case No. 11-005199).
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Nov. 07, 2011 |
Notice of Service of Petitioner's First Request for Production to Respondent (filed in Case No. 11-005199).
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Nov. 07, 2011 |
Petitioner's First Request for Production to Respondent (filed in Case No. 11-005199).
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Oct. 24, 2011 |
Defendant's Notice of Taking Deposition of Petitioner, Anne Boland filed.
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Oct. 24, 2011 |
Defendant's Notice of Taking Deposition of Petitioner, Michael Younger (filed in Case No. 11-005199).
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Oct. 19, 2011 |
Notice of Service of Respondent's First Set of Interrogatories to Petitioner (filed in Case No. 11-005199).
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Oct. 19, 2011 |
Respondent's First Set of Interrogatories to Petitioner (filed in Case No. 11-005199).
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Oct. 19, 2011 |
Notice of Service of Respondent's First Request for Production of Documents to Petitioner (filed in Case No. 11-005199).
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Oct. 19, 2011 |
Respondent's First Request for Production of Documents to Petitioner (filed in Case No. 11-005199).
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Oct. 19, 2011 |
Notice of Service of Respondent's First Set of Interrogatories to Petitioner filed.
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Oct. 19, 2011 |
Respondent's First Set of Interrogatories to Petitioner filed.
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Oct. 19, 2011 |
Notice of Service of Respondent's First Request for Production of Documents to Petitioner filed.
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Oct. 19, 2011 |
Respondent's First Request for Production of Documents to Petitioner filed.
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Oct. 19, 2011 |
Order of Pre-hearing Instructions.
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Oct. 19, 2011 |
Notice of Hearing (hearing set for December 12 and 13, 2011; 9:00 a.m.; Tallahassee, FL).
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Oct. 19, 2011 |
Order of Consolidation (DOAH Case Nos. 11-5198 and 11-5199).
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Oct. 18, 2011 |
Petitioner's Response to Initial Order filed.
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Oct. 18, 2011 |
Unilateral Response to Initial Order filed.
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Oct. 11, 2011 |
Initial Order.
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Oct. 11, 2011 |
Employment Complaint of Discrimination fled.
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Oct. 11, 2011 |
Determination: No Cause filed.
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Oct. 11, 2011 |
Transmittal of Petition filed by the Agency.
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Oct. 11, 2011 |
Petition for Administrative Hearing filed.
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Oct. 11, 2011 |
Notice of Determination: No Cause filed.
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Orders for Case No: 11-005198