Elawyers Elawyers
Washington| Change

SHAKARIA MITCHELL vs SUPPORTED EMPLOYMENT PLUS, INC., 13-000499 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-000499 Visitors: 26
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.
TempHtml


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.
Sep. 13, 2013 Final Order. CASE CLOSED.
Aug. 30, 2013 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 30, 2013 Recommended Order (hearing held July 17, 2013). DOAH JURISDICTION RETAINED.
Aug. 16, 2013 Notice of Filing Transcript Pages filed.
Aug. 14, 2013 Notice of Incomplete Exhibit and Order to Petitioner to File Missing Pages.
Aug. 06, 2013 Respondent's Closing Argument filed.
Aug. 05, 2013 Petitioner's Proposed Recommended Order filed.
Aug. 05, 2013 Petitioner's Closing Argument for Final Hearing on July 17, 2013 filed.
Aug. 05, 2013 Respondent's Proposed Recommended Order filed.
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.
Jul. 15, 2013 Petitioner's Updated Witness List filed.
Jul. 15, 2013 Respondent's Updated (Proposed) Exhibit List filed.
Jul. 15, 2013 Respondent's Updated Witness List filed.
Jul. 12, 2013 Notice of Respondent's Response to Petitioner's First Request for Production filed.
Jul. 10, 2013 CASE STATUS: Pre-Hearing Conference Held.
Jul. 02, 2013 Petitioner's Pre-hearing Statement filed.
Jul. 01, 2013 Respondent/Employer's Pre-hearing Statement filed.
Jun. 18, 2013 Response to Respondent's Request for Production to Petitioner filed.
Jun. 12, 2013 Petitioner's First Request for Production to Respondent filed.
May 17, 2013 Notice of Respondent's Request for Production to Petitioner filed.
May 06, 2013 Amended Notice of Telephonic Pre-hearing Conference (set for July 10, 2013; 10:00 a.m.).
May 06, 2013 Amended Order of Pre-hearing Instructions.
May 06, 2013 Notice of Hearing (hearing set for July 17, 2013; 9:30 a.m.; St. Petersburg, FL).
May 03, 2013 Notice of Taking Deposition (of R. Anderson) filed.
May 02, 2013 Petitioner's Notice of Service of Unverified Answers to Interrogatories filed.
Apr. 30, 2013 Joint Status Report filed.
Apr. 30, 2013 Amended Notice of Deposition Duces Tecum of Party (S. Mitchell) filed.
Apr. 24, 2013 Notice of Cancellation of Deposition (of S. Mitchell) filed.
Apr. 17, 2013 Order Granting Continuance (parties to advise status by April 30, 2013).
Apr. 16, 2013 Employer's Withdrawal of Opposition to Motion for Continuance filed.
Apr. 15, 2013 Amended Motion for Continuance filed.
Apr. 10, 2013 Notice of Appearance and Motion for Continuance filed.
Apr. 10, 2013 Notice of Appearance (Michael Serrano) filed.
Apr. 05, 2013 Notice of Deposition Duces Tecum of Party (S. Mitchell) filed.
Mar. 27, 2013 Order Denying Petitioner's Request to Reschedule Hearing.
Mar. 21, 2013 Notice of Change of Address filed.
Mar. 21, 2013 Notice of Serving Interrogatories to Petitioner filed.
Mar. 05, 2013 Order Denying Motion to Dismiss.
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.
Mar. 05, 2013 Letter To Whom It May Concern from Shakaria Mitchell regarding obtaining an attorney filed.
Mar. 04, 2013 Employer's Answer and Affirmative Defenses filed.
Mar. 04, 2013 Employer's Motion to Dismiss filed.
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).
Feb. 28, 2013 Order of Pre-hearing Instructions.
Feb. 28, 2013 Notice of Hearing (hearing set for May 8, 2013; 9:30 a.m.; St. Petersburg, FL).
Feb. 28, 2013 Notice of Telephonic Pre-hearing Conference (set for May 1, 2013; 2:00 p.m.).
Feb. 20, 2013 Employer's Response to Investigative Report filed.
Feb. 20, 2013 Respondent's Response to Initial Order filed.
Feb. 20, 2013 Notice of Appearance (Patricia Alten) filed.
Feb. 12, 2013 Initial Order.
Feb. 11, 2013 Investigative Report filed.
Feb. 11, 2013 Chapter 70 of the Pinellas County Code filed.
Feb. 11, 2013 Notice of Failure to Conciliate filed.
Feb. 11, 2013 Agency referral filed.

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.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer