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ANGELA WRIGHT vs FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY, 20-002126 (2020)

Court: Division of Administrative Hearings, Florida Number: 20-002126 Visitors: 27
Petitioner: ANGELA WRIGHT
Respondent: FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY
Judges: ROBERT J. TELFER III
Agency: Florida Commission on Human Relations
Locations: Tallahassee, Florida
Filed: May 06, 2020
Status: Closed
Recommended Order on Tuesday, January 19, 2021.

Latest Update: Dec. 23, 2024
Summary: Whether Respondent Florida Department of Economic Opportunity (the Department or DEO) engaged in discriminatory practices, concerning Petitioner’s disability, in violation of the Florida Civil Rights Act (FCRA), as alleged in the Petition for Relief; and, if so, the appropriate penalty.Petitioner failed to established that Respondent constructively discharged her from employment, thus her remaining allegations of harassment, hostile work environment, discrimination, and retaliation (disability)
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


ANGELA WRIGHT, EEOC Case No. N/A


Petitioner, FCHR Case No. 2019-21197


v. DOAH Case No. 20-2126


FLORIDA DEPARTMENT OF ECONOMIC FCHR Order No. 21-027 OPPORTUNITY,


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


On July 31, 2019, Petitioner Angela Wright filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2019), alleging that Respondent Florida Department of Economic Opportunity, committed an unlawful employment practice against Petitioner on the basis of disability.

On February 20, 2020, Petitioner submitted an Election of Rights to the Florida Commission on Human Relations, requesting a Petition for Relief to file with the Division of Administrative Hearings, since more than 180 days had elapsed since filing her complaint of discrimination.

On April 28, 2020, Petitioner filed a “Petition for Relief from an Unlawful Employment Practice”, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

The hearing was originally scheduled for August 27, 2020, but on July 29, 2020, Respondent filed a Motion in Limine to which Petitioner filed a response.

On August 14, 2020, a telephonic hearing was held.

On August 18, 2020, an “Order Granting, In Part, And Denying, In Part, Respondent’s Motion In Limine” was issued.

On August 24, 2020, Respondent filed a Motion to Continue Final Hearing, which was granted.

On September 14, 2020, both parties filed a Stipulated Motion for Continuance, which was granted.

On November 9 and 10, 2020, a final evidentiary hearing was held in via Zoom web- conference before Administrative Law Judge Robert J. Telfer III.

Judge Telfer issued a Recommended Order dated January 19, 2021.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Amended Recommended Order.


Filed March 31, 2021 4:10 PM Division of Administrative Hearings


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


Neither party filed exceptions to the Administrative Law Judge’s Recommended Order.


Dismissal


The Petition for Relief and Complaint 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 31 day of March , 2021.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Mario Garza, Panel Chairperson; Commissioner Libby Farmer; and Commissioner Larry Hart


Filed this 31 day of March , 2021,

in Tallahassee, Florida.


Tammy Barton

Clerk

Commission on Human Relations 4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:


Angela Wright

4102 Greensboro Highway

Quincy, Florida 32351


Florida Deptartment of Economic Opportunity c/o Brandon W. White, Esquire

c/o Dominique Young, Esquire 107 E. Madison Street Caldwell Building, MSC 110 Tallahassee, FL 32399


Robert J. Telfer III, Administrative Law Judge, DOAH Sarah Stewart, Legal Advisor for Commission Panel


I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 31 day of March , 2021.


By:

Tammy Barton

Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 20-002126
Issue Date Proceedings
Mar. 31, 2021 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Feb. 18, 2021 Transmittal letter from Loretta Sloan forwarding Respondent's Exhibits to Respondent.
Jan. 25, 2021 Transmittal letter from Loretta Sloan forwarding Respondent's Exhibits to Respondent.
Jan. 25, 2021 Transmittal letter from Loretta Sloan forwarding Petitioner's Exhibits to Petitioner.
Jan. 19, 2021 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jan. 19, 2021 Recommended Order (hearing held November 9, 2020). CASE CLOSED.
Dec. 28, 2020 Florida Department of Economic Opportunity's Proposed Recommended Order filed.
Dec. 16, 2020 Notice of Filing Transcript.
Dec. 14, 2020 Transcript Volume I and II (not available for viewing) filed.
Nov. 09, 2020 CASE STATUS: Hearing Held.
Nov. 09, 2020 Court Reporter Request Change filed.
Nov. 09, 2020 Court Reporter Request filed.
Nov. 04, 2020 Respondent, Florida Department of Economic Opportunity's Notice of Intent to Order Transcript filed.
Nov. 02, 2020 Department of Economic Opportunity's Notice of Proposed Exhibits and Notice of Filing filed.
Nov. 02, 2020 Angela Wright's Witness List filed.
Nov. 02, 2020 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Nov. 02, 2020 Department of Economic Opportunity's Witness List filed.
Sep. 25, 2020 Notice of Hearing by Zoom Conference (hearing set for November 9 and 10, 2020; 9:00 a.m., Eastern Time; Tallahassee).
Sep. 24, 2020 Joint Notice of Case Status and Request to Set Video-Conferencing Final Hearing filed.
Sep. 14, 2020 Amended Notice of Taking Deposition (Tieka Wright) filed.
Sep. 14, 2020 Amended Notice of Taking Depostion (Deidra Milton) filed.
Sep. 14, 2020 2nd Amended Notice of Taking Deposition (Cathy Walker)filed.
Sep. 14, 2020 Order Granting Continuance (parties to advise status by September 24, 2020).
Sep. 14, 2020 Stipulated Motion for Continuance filed.
Sep. 14, 2020 Notice of Substitution of Counsel (Brandon White) filed.
Sep. 02, 2020 Notice of Taking Deposition (Deidra Milton) filed.
Sep. 02, 2020 Notice of Taking Deposition (Cathy Walker) filed.
Sep. 02, 2020 Notice of Taking Deposition (Tieka Wright) filed.
Aug. 31, 2020 Order Granting Respondent's Motion to Strike Witnesses.
Aug. 27, 2020 Agreement With Defendant's Motion to Strike Witnesses filed.
Aug. 26, 2020 (Updated) Angela Wright's Witness List filed.
Aug. 26, 2020 Motion to Strike Witnesses filed.
Aug. 24, 2020 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Aug. 24, 2020 Order Granting Continuance and Rescheduling Hearing by Zoom Conference (hearing set for September 29 and 30, 2020; 9:00 a.m.; Tallahassee).
Aug. 24, 2020 Respondent, Florida Department of Economic Opportunity's Motion to Continue Final Hearing filed.
Aug. 24, 2020 Angela Wright's Notice of Proposed Exhibits and Notice of Filing filed.
Aug. 24, 2020 (2nd Amended) Angela Wright's Witness List filed.
Aug. 24, 2020 (Amended) Angela Wright's Witness List filed.
Aug. 24, 2020 Angela Wright's Witness List filed.
Aug. 20, 2020 Department of Economic Opportunity's Notice of Proposed Exhibits and Notice of Filing filed (exhibits not available for viewing).
Aug. 20, 2020 Department of Economic Opportunity's Notice of Proposed Exhibits and Notice of Filing filed.
Aug. 20, 2020 Department of Economic Opportunity's Witness List filed.
Aug. 19, 2020 Respondent, Florida Department of Economic Opportunity's Notice of Intent to Order Transcript filed.
Aug. 18, 2020 Order Granting, In Part, And Denying, In Part, Respondent's Motion In Limine.
Aug. 14, 2020 CASE STATUS: Motion Hearing Held.
Aug. 11, 2020 Notice of Telephonic Motion Hearing (motion hearing set for August 14, 2020; 11:00 a.m.).
Aug. 11, 2020 Petitioner's Response in Opposition to Defendant's Motion in Limine to Preclude Testimony and Evidence filed.
Jul. 29, 2020 Respondent, Florida Department of Economic Opportunity's Motion in Limine filed.
Jul. 23, 2020 Amended Notice of Hearing by Zoom Conference (hearing set for August 27, 2020; 9:00 a.m.; Tallahassee; amended as to Hearing Type).
Jul. 23, 2020 Respondent, Florida Department of Economic Opportunity's Response to Procedural Order filed.
Jul. 22, 2020 Notice of Taking Deposition (Charlie Davis) filed.
Jul. 22, 2020 Respondent, Department of Economic Opportunity's, First Request for Production of Documents to Petitioner filed.
Jul. 21, 2020 Procedural Order.
Jun. 17, 2020 Notice of Taking Deposition (Angela Wright) filed.
Jun. 16, 2020 Notice of Appearance (Dominique Young) filed.
May 14, 2020 Order of Pre-hearing Instructions.
May 14, 2020 Notice of Hearing (hearing set for August 27, 2020; 9:00 a.m.; Tallahassee).
May 13, 2020 Joint Response to Initial Order filed.
May 13, 2020 Notice of Appearance (Rebekah Davis) filed.
May 07, 2020 Initial Order.
May 06, 2020 Election of Rights filed.
May 06, 2020 Petition for Relief filed.
May 06, 2020 Transmittal of Petition filed by the Agency.

Orders for Case No: 20-002126
Issue Date Document Summary
Mar. 31, 2021 Agency Final Order
Jan. 19, 2021 Recommended Order Petitioner failed to established that Respondent constructively discharged her from employment, thus her remaining allegations of harassment, hostile work environment, discrimination, and retaliation (disability) are time-barred.
Source:  Florida - Division of Administrative Hearings

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