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GILBERT GRIFFIN vs BANK OF AMERICA, 13-002960 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-002960 Visitors: 61
Petitioner: GILBERT GRIFFIN
Respondent: BANK OF AMERICA
Judges: TODD P. RESAVAGE
Agency: Commissions
Locations: Lauderdale Lakes, Florida
Filed: Aug. 12, 2013
Status: Closed
Recommended Order on Thursday, December 12, 2013.

Latest Update: Sep. 30, 2019
Summary: Whether Respondents committed the unlawful employment practices alleged in the Charges of Discrimination filed with the Florida Commission on Human Relations ("FCHR") and, if so, what relief should Petitioner be granted.Petitioner failed to prove that Respondents violated section 760.10, Florida Statutes.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


GILBERT GRIFFIN, EEOC Case No. 15D201300262


Petitioner, FCHR Case No. 2013-00721


v. DOAH Case No. 13-2959


RANDSTAD STAFFING AGENCY, FCHR Order No. 14-004


Respondent.

/

GILBERT GRIFFIN, EEOC Case No. 15D201300268


Petitioner, FCHR Case No. 2013-00757


v. DOAH Case No. 13-2960


BANK OF AMERICA, FCHR Order No. 14-004


Respondent.

/


FINAL ORDER DISMISSING PETITIONS FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Gilbert Griffin filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2012), alleging that Respondent Randstad Staffing Agency committed unlawful employment practices on the basis of Petitioner’s race (Black), and on the basis of retaliation, by failing to hire Petitioner for positions for which he had applied.

The allegations set forth in the complaint were investigated, and, on August 2, 2013, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner Gilbert Griffin filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2012), alleging that Respondent Bank of America committed unlawful employment practices on the basis of Petitioner’s race (Black), and on the basis of retaliation, by failing to hire Petitioner for positions for which he had applied.

The allegations set forth in the complaint were investigated, and, on August 6, 2013, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.


Filed February 20, 2014 11:51 AM Division of Administrative Hearings


Petitioner 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 by teleconference on October 25, 2013, before Administrative Law Judge Todd P. Resavage.

Judge Resavage issued a Recommended Order of dismissal, dated December 12,

2013.

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


None of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.


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 19th day of February , 2014. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Mario M. Valle, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner Gilbert M. Singer


Filed this 19th day of February , 2014, 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:


Gilbert Griffin

3401 Northwest 47th Avenue, Apt. 412 Lauderdale Lakes, FL 33319


Randstad Staffing Agency c/o Jana L. Korhonen, Esq. Troutman Sanders, LLP

Bank of America Plaza, Suite 5200 600 Peachtree Street, Northeast Atlanta, GA 30308


Bank of America

c/o Audrey Y. Dupont, Esq. Bressler, Amery & Ross, P.C. Wells Fargo Tower, Suite 2200 420 20th Street, North Birmingham, AL 35203


Todd P. Resavage, 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 19th day of February , 2014.


By: /s/ Clerk of the Commission

Florida Commission on Human Relations

FCHR 2013-00721 / 2013-00757 EEOC 15D201300262 / 15D201300268 FCHR Order No. 14-004


Type of case: Employment

Basis of discrimination: race (Black), retaliation Commission staff determination: No Cause ALJ recommendation: dismissal

Commission panel final action: Adopt Recommended Order

Key Words: race, retaliation, failure to hire (note R.O. re positions that were not filled) ADDRESSES FOR NOTICE:

For Petitioner…..


Gilbert Griffin

3401 Northwest 47th Avenue, Apt. 412 Lauderdale Lakes, FL 33319


For Respondent…..


Randstad Staffing Agency c/o Jana L. Korhonen, Esq. Troutman Sanders, LLP

Bank of America Plaza, Suite 5200 600 Peachtree Street, Northeast Atlanta, GA 30308


Bank of America

c/o Audrey Y. Dupont, Esq. Bressler, Amery & Ross, P.C. Wells Fargo Tower, Suite 2200 420 20th Street, North Birmingham, AL 35203


DOCKET INFORMATION:


Rec Order: Dismissal Transcript: Yes Exhibits: No Exceptions: No


Docket for Case No: 13-002960
Issue Date Proceedings
Jan. 15, 2021 Correspondence from Petitioner filed.
Sep. 30, 2019 Email from Petitioner regarding correct public details filed.
Jul. 15, 2016 Employment Discrimination Lawsuit filed.
Sep. 02, 2014 (Proposed) Order Granting Motion to Proceed in Forma Pauperis filed.
Aug. 21, 2014 Motion For a Incident Repot filed.
Aug. 13, 2014 Motion for Police Harrassment filed.
May 02, 2014 Letter To Whom It May Concern from Gilbert Griffin regarding a move to Charlotte, North Carolina filed.
Feb. 20, 2014 Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
Feb. 20, 2014 Agency Final Order Dismissing Petitions for Relief from an Unlawful Employment Practice filed.
Feb. 12, 2014 Work Information filed.
Feb. 12, 2014 Wire Report filed.
Feb. 12, 2014 Motion for my First and Only Language: English filed.
Feb. 10, 2014 Equal Pay Acy Lawsuit Notice filed.
Feb. 04, 2014 Motion for Ethical Law Practices filed.
Feb. 03, 2014 Motion to Appeal a Backpay Claim filed.
Feb. 03, 2014 Motion for a Wire Report and Confinement Report for Gilbert Griffin filed.
Feb. 03, 2014 Affidavit for a Year Backpay Violation; in Support of Equal Pat Act filed.
Jan. 22, 2014 Motion for Equal Pay Act filed.
Jan. 08, 2014 Motion for a Notice of Moving out of The State of Florida filed.
Jan. 07, 2014 Motion for Florida Statute 760.10 for a Backpay Claim filed.
Dec. 27, 2013 Petitioner's Exhibit filed.
Dec. 23, 2013 Motion for an Unlawful Employment Practice filed.
Dec. 19, 2013 Motion for Petitioner`s Stipulations of Facts and Proposed Order filed.
Dec. 16, 2013 Motion for Governor Rick Scott filed.
Dec. 13, 2013 Transmittal letter from Claudia Llado returning Respondent, Bank of America's Exhibits, which were not admitted into evidence.
Dec. 13, 2013 Transmittal letter from Claudia Llado returning Respondent, Randstad Staff Agency's Exhibits, which were not admitted into evidence.
Dec. 13, 2013 Transmittal letter from Claudia Llado returning Petitioner's exhibits, which were not admitted into evidence.
Dec. 12, 2013 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 12, 2013 Recommended Order (hearing held October 25, 2013). CASE CLOSED.
Dec. 06, 2013 Petitioner's Additional Document's filed.
Dec. 05, 2013 Petitioner`s Additional Document's to Proposed Recommended Order filed.
Nov. 18, 2013 Respondent Bank of America, N.A.'s Proposed Recommended Order and Finding of Facts and Law (filed in Case No. 13-002960).
Nov. 18, 2013 Respondent Bank of America, N.A.'s Motion for Award of Attorney's Fees (filed in Case No. 13-002960).
Nov. 18, 2013 Respondent Randstad US, LP's Motion for Award of Attorney's Fees filed.
Nov. 18, 2013 Respondent Randstad US, LP's Proposed Recommended Order filed.
Nov. 18, 2013 Motion for a Police Report Filed with Broward Sheriff's Police Department filed.
Nov. 13, 2013 Notary Certification of the Sworn Testimony by Jorge A. Trujillo filed.
Nov. 12, 2013 Motion for Petitioner's Stipulations of Fact and Proposed Order filed.
Nov. 12, 2013 Motion for Petitioner's Notice of Filing Exhibits filed (exhibits not available for viewing).
Nov. 12, 2013 Petitioner's Proposed Exhibits and Order filed
Nov. 12, 2013 Notice of Filing Transcript.
Nov. 08, 2013 Transcript (not available for viewing) filed.
Oct. 30, 2013 Notary Certification of the Sworn Testimony by Chelsea Arnold filed.
Oct. 28, 2013 Motion for Recent Interview Questions filed.
Oct. 28, 2013 Motion for an Unlawful Employment Practice filed.
Oct. 28, 2013 Motion for Statement in Response to Bank of America Statement for Telephone Hearing filed.
Oct. 25, 2013 CASE STATUS: Hearing Held.
Oct. 24, 2013 Respondent Bank of America, N.A.'s Statement of Issues to be Heard (filed in Case No. 13-002960).
Oct. 23, 2013 Order Allowing Testimony by Telephone.
Oct. 23, 2013 Order Denying Continuance of Final Hearing.
Oct. 23, 2013 Respondents Randstad US, LP and Bank of America, N.A.'s Emergency Request for a Telephonic Hearing in Lieu of Videoconference Hearing filed.
Oct. 22, 2013 Court Reporter Notice filed.
Oct. 22, 2013 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 22, 2013 Respondent Bank of America's Notice of Filing Proposed Exhibits.
Oct. 22, 2013 Respondent's Bank of America's Witness List filed.
Oct. 22, 2013 Motion to Reschedule Hearing in Response to Respondent's Opposition filed.
Oct. 22, 2013 Respondents Randstad US, LP and Bank of America, N.A.'s Request for Hearing Transcript filed.
Oct. 22, 2013 Letter to Judge Resavage from A. Dupont regarding exhibit 11 not available for viewing filed.
Oct. 22, 2013 Order Denying Continuance of Final Hearing.
Oct. 21, 2013 Respondent Randstad US, LP, and Bank of America, N.A.'s Response in Opposition to Petitioner Gilbert Griffin's Motion to Reschedule Hearing filed.
Oct. 21, 2013 Motion to Reschesule Hearing filed.
Oct. 18, 2013 Motion to Subpoena Bank of America, Randstad and Broward Sheriff's Department filed.
Oct. 18, 2013 Motion to Compel a Settlement filed.
Oct. 18, 2013 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 17, 2013 Motion for Ethics and Fair Employment Practices Based on Race and Retaliation filed.
Oct. 17, 2013 Respondent Randstad US, LP's Notice of Filing filed.
Oct. 17, 2013 Respondent Randstad US, LP's Witness List filed.
Oct. 17, 2013 Order on Petitioner`s Motions.
Oct. 17, 2013 Order Denying Motion to Reassign Administrative Law Judge.
Oct. 17, 2013 Respondent Bank of America's Notice of Filing Proposed Exhibits (filed in Case No. 13-002960).
Oct. 17, 2013 Respondent Bank of America's Witness List (filed in Case No. 13-002960).
Oct. 16, 2013 Motion for a Criminal Background Check for Employment filed.
Oct. 16, 2013 Motion to Assign my Case to Judge William F. Quattlebaum for Ethics filed.
Oct. 16, 2013 Motion for an Unlawful Employment Practice filed.
Oct. 14, 2013 Respondents' Motion for a Telephonic Pre-hearing Conference (to include Exhibit A) filed.
Oct. 14, 2013 Respondents' Motion for a Telephonic Pre-hearing Conference filed.
Oct. 08, 2013 Motion in Response for a Mediation filed.
Oct. 08, 2013 Motion to Explain Gap in Employment filed.
Oct. 07, 2013 Letter to Judge Resavage from Gilbert Griffin informing the court, Petitioner does not feel safe in the State of Florida filed.
Oct. 04, 2013 Motion for a Non-jury Trial filed.
Oct. 03, 2013 Motion for Pending Settlement Offer Agreement filed.
Sep. 30, 2013 Motion for my Financial Obligations filed.
Sep. 27, 2013 Motion to Compel Randstad and Bank of America to Answer Interview Questions filed.
Sep. 27, 2013 Motion in Response to Order on Petitioner's Pending Motion filed.
Sep. 25, 2013 Order on Petitioner`s Pending Motions.
Sep. 25, 2013 Order Denying Respondents` Motions for a Recommended Order of Dismissal.
Sep. 10, 2013 Motion for a Criminal Background Check for Employment filed.
Sep. 10, 2013 Motion for a Violation of the Florida Civil Rights Act of 1992 filed.
Sep. 09, 2013 Respondents' Response and Opposition to Petitioner's Motion for Interview Questions filed.
Sep. 09, 2013 Respondents' Response to Petitioner Gilbert Griffin's Motion to Proceed with a Charge of Employment Discrimination filed.
Sep. 06, 2013 Motion for Retaliation (filed in 13-2960).
Sep. 06, 2013 Motion for Verification of Loss Wages and Income filed.
Sep. 06, 2013 Motion in Response to Ordered Qualified Representatives (filed in 13-2960).
Sep. 06, 2013 Motion for Retaliation filed.
Sep. 04, 2013 Order Denying Motions for Summary Hearing.
Sep. 04, 2013 Order of Consolidation (DOAH Case Nos. 13-2959 and 13-2960).
Sep. 03, 2013 Motion for Interview Questions filed.
Sep. 03, 2013 Motion to Proceed with a Charge of Employment Discrimination for an Unlawful Employment Practice in Violation of Fla. Statute 760.10 filed.
Aug. 30, 2013 Motion for Representing Myself before the Division of Administrative Hearings filed.
Aug. 30, 2013 Respondent's Response and Opposition to Petitioner's Motion for an Unlawful Employment Practice and Motion for Reinstatement and Punitive Damages filed.
Aug. 30, 2013 Respondent's Motion for a Recommended Order Dismissing Petitioner's Claims and to Stay Proceeding Pending Ruling on this Motion and Supporting Memorandum of Law filed.
Aug. 28, 2013 Motion for Reinstatement and Punitive Damages filed.
Aug. 27, 2013 Order Accepting Qualified Representative.
Aug. 26, 2013 Court Reporter Notice filed.
Aug. 26, 2013 Respondent Bank of America's Response to Initial Order and Motion for Summary Hearing filed.
Aug. 26, 2013 Affidavit of Audrey Y. Dupont in Support of Motion for Qualified Representative to Appear on Behalf of Bank of America, N.A filed.
Aug. 26, 2013 Motion for Qualified Representative to Appear on Behalf of Bank of America, N.A filed.
Aug. 26, 2013 Motion for an Unlawful Employment Practice filed.
Aug. 26, 2013 Motion for Identity Documents and Employment Eligibility to Work in the United States of America (not available for viewing).
Aug. 23, 2013 Order of Pre-hearing Instructions.
Aug. 23, 2013 Notice of Hearing by Video Teleconference (hearing set for October 30, 2013; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Aug. 12, 2013 Notice of Determination: No Cause filed.
Aug. 12, 2013 Determination: No Cause filed.
Aug. 12, 2013 Petition for Relief filed.
Aug. 12, 2013 Amended Transmittal of Petition filed by the Agency.
Aug. 12, 2013 Initial Order.

Orders for Case No: 13-002960
Issue Date Document Summary
Feb. 19, 2014 Agency Final Order
Feb. 19, 2014 Agency Final Order
Dec. 12, 2013 Recommended Order Petitioner failed to prove that Respondents violated section 760.10, Florida Statutes.
Source:  Florida - Division of Administrative Hearings

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