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