Petitioner: SHAKARIA MITCHELL
Respondent: SUPPORTED EMPLOYMENT PLUS, INC.
Judges: ELIZABETH W. MCARTHUR
Agency: Contract Hearings
Locations: St. Petersburg, Florida
Filed: Feb. 11, 2013
Status: Closed
DOAH Final Order on Friday, September 13, 2013.
Latest Update: May 09, 2014
Summary: The issue in this case is whether Respondent committed an unlawful employment practice in violation of section 70-53 of the Pinellas County Code, by terminating Petitioner's employment allegedly because of her race. If so, an appropriate remedy will be determined.Petitioner failed to prove that she was the victim of race discrimination. Respondent proved a legitimate non-discriminatory reason caused Petitioner's termination.
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
SHAKARIA MITCHELL,
Petitioner,
vs.
SUPPORTED EMPLOYMENT PLUS, INC.,
Respondent.
/
Case No. 13-0499
FINAL ORDER
A Recommended Order was entered in this case on August 30, 2013, setting forth findings of fact and conclusions of law. The parties were given ten days from the date of the Recommended Order to file written exceptions. Pursuant to Pinellas County Code section 70-77(g)(13), it is the responsibility of the Administrative Law Judge to consider any written exceptions and then to issue a Final Order.
APPEARANCES
For Petitioner: Michael A. Serrano, Esquire
Wesley Chapel Law Group, LLC 25275 Wesley Chapel Boulevard Lutz, Florida 33559
For Respondent: Patricia Alten, Esquire
Alten and Cangro, PLLC Post Office Box 274127 Tampa, Florida 33688
STATEMENT OF THE ISSUE
The issue in this case is whether Respondent, Supported Employment Plus, Inc., committed an unlawful employment practice in violation of section 77-53 of the Pinellas County Code, by terminating the employment of Petitioner, Shakaria Mitchell, because of her race.
Neither party filed written exceptions to the Recommended Order. The findings of fact and conclusions of law set forth in the Recommended Order are hereby adopted and incorporated by reference in this Final Order.
ORDER
Based on the foregoing, it is determined that Respondent, Supported Employment Plus, Inc., did not commit an unlawful employment practice as charged, and it is ORDERED that Petitioner, Shakaria Mitchell's charge of discrimination is DISMISSED.
DONE AND ORDERED this 13th day of September, 2013, in Tallahassee, Leon County, Florida.
S
ELIZABETH W. MCARTHUR
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the Division of Administrative Hearings this 13th day of September, 2013.
COPIES FURNISHED:
Peter J. Genova, Jr.
Equal Opportunity Coordinator
Pinellas County Office of Human Rights 5th Floor
400 South Fort Harrison Avenue Clearwater, Florida 33756
Michelle Wallace, Esquire Pinellas County Attorney's Office 6th Floor
315 Court Street Clearwater, Florida 33756
Patricia Alten, Esquire Alten and Cangro, PLLC Post Office Box 274127 Tampa, Florida 33688
Michael A. Serrano, Esquire Wesley Chapel Law Group, LLC 25275 Wesley Chapel Boulevard Lutz, Florida 33559
Paul Valenti, Director
Pinellas County Office of Human Rights 5th Floor
400 South Fort Harrison Avenue Clearwater, Florida 33756
NOTICE OF RIGHT TO JUDICIAL REVIEW
A party who is adversely affected by this Final Order is entitled to seek judicial review by filing a petition for writ of certiorari in the circuit court of the Sixth Judicial Circuit in and for Pinellas County, Florida, within 30 calendar days of the date of this Final Order. § 70-77(g)(14), Pinellas County Code.
Docket for Case No: 13-000499
Issue Date |
Proceedings |
May 09, 2014 |
Undeliverable envelope returned from the Post Office.
|
Apr. 25, 2014 |
Transmittal letter from Claudia Llado forwarding two-volume Transcript, along with Petitioner?s Exhibits numbered 1,2,5; and Respondent?s Exhibits numbered 1, and 3-14 to the agency.
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Sep. 13, 2013 |
Final Order. CASE CLOSED.
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Aug. 30, 2013 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Aug. 30, 2013 |
Recommended Order (hearing held July 17, 2013). DOAH JURISDICTION RETAINED.
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Aug. 16, 2013 |
Notice of Filing Transcript Pages filed.
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Aug. 14, 2013 |
Notice of Incomplete Exhibit and Order to Petitioner to File Missing Pages.
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Aug. 06, 2013 |
Respondent's Closing Argument filed.
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Aug. 05, 2013 |
Petitioner's Proposed Recommended Order filed.
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Aug. 05, 2013 |
Petitioner's Closing Argument for Final Hearing on July 17, 2013 filed.
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Aug. 05, 2013 |
Respondent's Proposed Recommended Order filed.
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Jul. 26, 2013 |
Transcript of Proceedings (Volumes I-II, not available for viewing) filed. |
Jul. 17, 2013 |
CASE STATUS: Hearing Held. |
Jul. 15, 2013 |
Respondent's Exhibits 9-14 filed (not available for viewing). |
Jul. 15, 2013 |
Respondent's Exhibit 8 Deposition of Shakaria Mitchell filed (Deposition not available for viewing). |
Jul. 15, 2013 |
Petitioner's Updated (Proposed) Exhibit List filed.
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Jul. 15, 2013 |
Petitioner's Updated Witness List filed.
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Jul. 15, 2013 |
Respondent's Updated (Proposed) Exhibit List filed.
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Jul. 15, 2013 |
Respondent's Updated Witness List filed.
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Jul. 12, 2013 |
Notice of Respondent's Response to Petitioner's First Request for Production filed.
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Jul. 10, 2013 |
CASE STATUS: Pre-Hearing Conference Held. |
Jul. 02, 2013 |
Petitioner's Pre-hearing Statement filed.
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Jul. 01, 2013 |
Respondent/Employer's Pre-hearing Statement filed.
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Jun. 18, 2013 |
Response to Respondent's Request for Production to Petitioner filed.
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Jun. 12, 2013 |
Petitioner's First Request for Production to Respondent filed.
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May 17, 2013 |
Notice of Respondent's Request for Production to Petitioner filed.
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May 06, 2013 |
Amended Notice of Telephonic Pre-hearing Conference (set for July 10, 2013; 10:00 a.m.).
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May 06, 2013 |
Amended Order of Pre-hearing Instructions.
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May 06, 2013 |
Notice of Hearing (hearing set for July 17, 2013; 9:30 a.m.; St. Petersburg, FL).
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May 03, 2013 |
Notice of Taking Deposition (of R. Anderson) filed.
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May 02, 2013 |
Petitioner's Notice of Service of Unverified Answers to Interrogatories filed.
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Apr. 30, 2013 |
Joint Status Report filed.
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Apr. 30, 2013 |
Amended Notice of Deposition Duces Tecum of Party (S. Mitchell) filed.
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Apr. 24, 2013 |
Notice of Cancellation of Deposition (of S. Mitchell) filed.
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Apr. 17, 2013 |
Order Granting Continuance (parties to advise status by April 30, 2013).
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Apr. 16, 2013 |
Employer's Withdrawal of Opposition to Motion for Continuance filed.
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Apr. 15, 2013 |
Amended Motion for Continuance filed.
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Apr. 10, 2013 |
Notice of Appearance and Motion for Continuance filed.
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Apr. 10, 2013 |
Notice of Appearance (Michael Serrano) filed.
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Apr. 05, 2013 |
Notice of Deposition Duces Tecum of Party (S. Mitchell) filed.
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Mar. 27, 2013 |
Order Denying Petitioner's Request to Reschedule Hearing.
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Mar. 21, 2013 |
Notice of Change of Address filed.
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Mar. 21, 2013 |
Notice of Serving Interrogatories to Petitioner filed.
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Mar. 05, 2013 |
Order Denying Motion to Dismiss.
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Mar. 05, 2013 |
Letter To Whom It May Concern from Shakaria Mitchell requesting hearing date be rescheduled to May 3, 10, 17, or 24, filed.
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Mar. 05, 2013 |
Letter To Whom It May Concern from Shakaria Mitchell regarding obtaining an attorney filed.
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Mar. 04, 2013 |
Employer's Answer and Affirmative Defenses filed.
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Mar. 04, 2013 |
Employer's Motion to Dismiss filed.
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Mar. 01, 2013 |
Amended Notice of Hearing (hearing set for May 8, 2013; 9:30 a.m.; St. Petersburg, FL; amended as to location of hearing).
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Feb. 28, 2013 |
Order of Pre-hearing Instructions.
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Feb. 28, 2013 |
Notice of Hearing (hearing set for May 8, 2013; 9:30 a.m.; St. Petersburg, FL).
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Feb. 28, 2013 |
Notice of Telephonic Pre-hearing Conference (set for May 1, 2013; 2:00 p.m.).
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Feb. 20, 2013 |
Employer's Response to Investigative Report filed.
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Feb. 20, 2013 |
Respondent's Response to Initial Order filed.
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Feb. 20, 2013 |
Notice of Appearance (Patricia Alten) filed.
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Feb. 12, 2013 |
Initial Order.
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Feb. 11, 2013 |
Investigative Report filed.
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Feb. 11, 2013 |
Chapter 70 of the Pinellas County Code filed.
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Feb. 11, 2013 |
Notice of Failure to Conciliate filed.
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Feb. 11, 2013 |
Agency referral filed.
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Orders for Case No: 13-000499
Issue Date |
Document |
Summary |
Sep. 13, 2013 |
DOAH Final Order
|
Petitioner failed to prove that she was the victim of race discrimination. Respondent proved a legitimate non-discriminatory reason caused Petitioner's termination.
|
Aug. 30, 2013 |
Recommended Order
|
Petitioner failed to prove that she was the victim of race discrimination. Respondent proved a legitimate non-discriminatory reason caused Petitioner's termination.
|