STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
WANDA C. OWENS, )
)
Petitioner, )
)
vs. ) CASE NO. 84-0321
) BLUE CROSS AND BLUE SHIELD OF ) FLORIDA, INC., )
)
Respondent. )
)
RECOMMENDED ORDER
This matter was scheduled for final hearing to be heard on March 29, 1984, to consider the claims by Petitioner related to alleged unlawful employment practices on the part of the Respondent, Blue Cross and Blue Shield of Florida, Inc. (Respondent employed Patricia C. Ledig, CSR, of Odom, Moore and Ledig, 904 Blackstone Building, Jacksonville, Florida 32202, telephone 904, 355-0198, to report the hearing as stenographer.) Prior to the presentation of evidence by the parties, consideration was given to Respondent's written motion to dismiss, which asks that the Respondent be relieved as a party Respondent and that the Florida Commission on Human Relations be substituted as a party. The Executive Director, Florida Commission on Human Relations, by petition and motion and supporting memorandum, requested permission to participate in the proceeding for the limited purpose of responding in opposition to that motion to dismiss. That limited opportunity was granted as reflected in the record of proceedings and as confirmed by the entry of this Recommended Order.
After consideration of the written motion to dismiss, and argument in opposition, that motion was denied. The Florida Commission on Human Relations is not an indispensable party in an action to consider alleged unlawful employment practices by an employer such as Blue Cross. The action, in accordance with Rule 22T-9.08, Florida Administrative Code, is not designed to address the propriety of the Florida Commission on Human Relations' redetermination of no reasonable cause, it has as its purpose a consideration of Petitioner's complaint of unlawful employment practices as alleged against Blue Cross. 1/
At the commencement of the hearing, Respondent also made an oral motion to dismiss this action based upon the claim that the Petitioner had not filed a timely petition for relief from an alleged unlawful employment practice, following notification of redetermination of no reasonable cause, that is to say, that her petition was not filed within 30 days of service of that notice of redetermination, per Rule 22T-9.08, Florida Administrative Code. In that regard, the notice of redetermination of no cause was served by the Florida
Commission on Human Relations on both parties on September 30, 1983. Service on Ms. Owens was at her address at 6003 Caprice Drive, Jacksonville, Florida
32210. On the same date, an associated filing was made related to the redetermination of no cause, which was also sent to Ms. Owens at the Caprice drive address. In the notice of redetermination of no cause, the notice advised the complainant of the following:
The parties are hereby advised that the Complainant may request that a formal,
post-investigative proceeding be conducted. Any Request for hearing/Petition for Relief must be filed within 30 days of the date of this Notice and should be in compliance with the provisions of Rule 22T-9.08 and Chapter 22T-8, Florida Administrative Code. A form Petition for Relief is enclosed for Complainant as required by the Commission's rules.
This action will not become final until time has expired for Complainant to file a Petition for Relief. Failure of Complainant to timely file a petition will result in dismissal of the complaint pursuant to Rule 22T-9.06, Florida Administrative Code.
As established by testimony offered by the Complainant, at the time the motion was considered, the Complainant was not living at her normal mailing address at Caprice Drive between October 3, 1983, and October 27, 1983. She was in New Mexico on those dates. As a consequence, her first awareness of the notice of redetermination occurred on October 28, 1983, when she reviewed those notice materials. On November 14, 1983, Owens dispatched an affidavit to the Florida Commission on Human Relations, which stated:
This is to verify that I Wanda C. Owens was
not at the above address from the morning of 3, October 1983 until the evening of 27, October 1983.
That item was received by the Commission on November 16, 1983.
On November 21, 1983, a discussion was held between Petitioner and Jeffrey Parks, Field Representative of the Florida Commission on Human Relations. As indicated in correspondence of January 12, 1984, from Parks to Owens, in the course of the November 21, 1983 discussion between the Petitioner and Parks, the November 14, 1983, affidavit was mentioned related to Petitioner's being away from home during the period of time allotted to appeal the decision of redetermination of no cause and on November 21, 1983 in the conversation Parks told the Petitioner that attorneys for the Commission on Human Relations had requested an additional affidavit with more specific information about the date that Petitioner received the redetermination and a specific request from her for time extension to file her petition of unlawful employment practice. Parks having failed to receive any indication from the Petitioner on the topics
alluded to in the November 21, 1983 discussion, the correspondence of January 12, 1984 was dispatched and in that correspondence it was noted that further affidavit requested on November 21, 1983 had not been forwarded. The correspondence went on to say "please respond within five (5) days of the receipt of this letter with either the requested affidavit or a letter stating your intent not to pursue the complaint further."
Ms. Owens wrote a letter to the Florida Commission on Human Relations on January 16, 1984, which was received on January 20, 1984. The full text of the body of that letter stated:
In compliance with the letter received this date from Field Representative Jeffrey Parks the following information is submitted.
I was not at my normal mailing address, 6003 Caprice Dr. from 6:00 A.M. October 3, 1983
until 11:30 P.M. October 27, 1983. A copy of the Notice of denial for redetermination was received by me on October 28, 1983. This did not allow me any time to file for a formal, post-investigative proceeding.
It is respectfully requested that I be granted an extension of time to allow me to file this request.
The exact details of the November 21, 1983 discussion between the Petitioner and Parks could not be demonstrated at the Motion Hearing, given the fact that Parks was not present to give testimony as to his recollection of that conversation or any others of similar subject matter. Petitioner's counsel tried to solicit testimony from the Petitioner on the subject matter of the November 21, 1983 conversation and any others regarding her whereabouts in the critical period and her right to request an extension of time to file a petition; however, in the face of an objection by the Respondent's counsel related to hearsay, that testimony by the Petitioner was not allowed. It was not allowed due to the fact that even though Petitioner claimed that she was not offering that testimony as to remarks by Parks for truth and veracity, the consequence of allowing such testimony to establish her further pursuits would tend to legitimize Petitioner's actions without affording the Respondent an opportunity to develop the perceptions of the Commission on Human Relations about the November 21, 1983 conversation and others, from the point of view of the Commission's employee, Mr. Parks, thereby jeopardizing the Commission's rights and those of the Respondent. 2/
Following the filing of the letter of January 16, 1984, the Clerk of the Commission on Human Relations transmitted that letter to the Division of Administrative Hearings on January 24, 1984, requesting the Division of Administrative Hearings to conduct proceedings related to that item. On February 16, 1984, Respondent offered its answer to that letter and affirmative defenses to include paragraph 11 in the affirmative defenses which stated "Petitioner did not file a Request for Relief in a timely fashion, as required by Rule 22T-9.08." The answer indicated that the Respondent was unable to speak specifically to the petition claims in that the Petitioner had not set out disputed issues of material facts, statements of ultimate facts and related statutory provisions.
Having reviewed the material submitted with the transmittal, there was uncertainty about the nature of the claims and the development of the case prior to submission to the Division of Administrative Hearings for formal proceedings. Therefore, an Order was entered on February 17, 1984, indicating that a review of the record established that there had been no written request for hearing through petition document as had been mentioned in the January 16, 1984 letter. Petitioner was then afforded time until March 2, 1984, 5:00 p.m. to file that petition. The address of the Division of Administrative Hearings was given to the Petitioner and a copy of Rule 28-5.201, Florida Administrative Code was attached to assist Petitioner in fashioning a petition. Finally, the Petitioner was alerted that her failure to comply with the instructions in the order would lead to the entry of a recommended order of dismissal of the action. This order was not intended to foreclose the opportunity of the Respondent to undertake motion practice related to efforts to dismiss the petition to include a motion to dismiss for failure to timely file a petition. Its purpose was as an aid to the Hearing Officer in trying to ascertain if the Petitioner intended to further her claims of unlawful employment practice, and to understand the substance of those claims.
Ms. Owens retained John F. Kattman, Esquire and filed a request for administrative hearing and petition for relief on March 1, 1984, which described her claims.
In the course of argument on the motion to dismiss for failure to timely file a petition as envisioned by Rule 22T-9.08, Florida Administrative Code, Respondent argues that that requirement is jurisdictional and the failure to comply shall cause the dismissal of the action. In Respondent's opinion, no timely petition was filed within 30 days of the September 30, 1983, service date of the notice of redetermination of no reasonable cause. Petitioner claims that the 30 day requirement is not jurisdictional and being discretionary in nature, there has been no demonstrated prejudice to the Respondent and the hearing should be allowed to proceed to a consideration of the merits of her claim of unlawful employment practice on the part of the Respondent. She emphasizes the fact of her unavailability at the time of service of the notice at her Caprice Drive address and the actions taken by her to advance her claim following that period.
Having considered the argument of counsel, the testimony of Ms. Owens and the documents of file, the parties were told that the Hearing Officer would enter a Recommended Order of Dismissal with prejudice based on the fact that Petitioner failed to file petition for relief from unlawful employment practices within the time limits established. To this end, Rule 22T-9.08, Florida Administrative Code setting forth a 30 day requirement for filing of a petition for relief after service of the notice of redetermination of no reasonable cause is jurisdictional. Adequate notice was given Ms. Owens at her address on Caprice Drive and the fact of Ms. Owens absenting herself from the state without any indication of notice to the commission of her removal from her normal address should not be to her benefit. Moreover, she became aware of the notification on October 28, 1983, which specifically indicated the necessity to file within 30 days and provided a form petition. On October 28, 1983, she still had two days to comply with that notification. Instead, the first indication in writing of her position in the matter was her statement on November 14, 1983, that she was not at her address between October 3, 1983 and October 27, 1983. This was not the filing of a petition. Next, even if she were entitled to file her petition within 30 days of October 28, 1983, the date she learned of the notice of redetermination of no cause, she did not do this.
The November 21, 1983 conversation, to the extent that it can be understood by
the January 12, 1984 letter of Jeffrey Parks, was not the filing of a petition and did not establish that effective November 21, 1983 Petitioner would definitely be afforded an extension of time to file a petition. In addition, 50 days transpired beyond the November 21, 1983 conversation and no additional information was provided by Owens concerning her whereabouts between October 3 and October 27, 1983, requests for time extension to file a petition and more importantly, no petition was filed in that interim. It was left to Mr. Parks on January 12, 1984 to have to remind the Petitioner that the case was not being pursued. The January 16, 1984 letter is no more informative than the November 14, 1983 letter in terms of substantive information about her whereabouts during the October period. The January 16, 1984 letter is not a petition, it reiterates her unavailability on October 3 through 37, 1983, and asks for an extension of time to file a petition. The first substantive information in the way of a petition was filed on March 1, 1984 much beyond the 30 days allotted, even affording the benefit of doubt to the Petitioner in finding that service was perfected October 28, 1983, not September 30, 1983, an advantage which has questionable basis in law.
On a related question, any possible claim of estoppel is not available, because no competent proof has been offered to establish estoppel against the Human Relations Commission in enforcing the 30 day filing requirement, due to actions of its employee and estoppel would not be available to set aside a failure to timely invoke jurisdiction in any event. Finally, even if estoppel was available as a theory for setting aside the 30 day jurisdictional requirement for filing of a petition, based upon proof of acquiescence of the commission in extending the time for filing, the 3rd party Respondent, Blue Cross, did not acquiesce in such an arrangement and should not be prejudiced in asserting the protection afforded by the notice requirement set forth in Rule 22T-9.08, Florida Administrative Code. 3/
It is, therefore, RECOMMENDED:
That a final order be entered which dismisses with prejudice the Petitioner's claim of unlawful employment practice filed against the Respondent, following a notice of redetermination of no reasonable cause, for failure to timely comply with the 30 day filing requirement set forth in Rule 22T-9.08, Florida Administrative Code, as envisioned by Rule 22T-9.06(5), Florida Administrative Code.
DONE and ENTERED this 9th day of April, 1984 in Tallahassee, Florida.
CHARLES C. ADAMS
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 9th day of April, 1984.
ENDNOTES
1/ No consideration was given to the Respondent's written motion to strike claims for class action set forth by Petitioner. Disposition of the Petitioner's individual claims made determination of the motion to strike moot.
2/ Respondent was not privy to any discussions or correspondence between the Petitioner and the Commission related to her whereabouts at the time of service of the notice of redetermination and any discussion about extension of time to file a petition.
3/ The order of February 17, 1984, pleadings, correspondence, and other documents referred to in this Recommended Order are attached to the Recommended Order, and by attachment become part of the Recommended Order.
COPIES FURNISHED:
John F. Kattman, Esquire 800 Blackstone Building
Jacksonville, Florida 32202
Robert Macina, Esquire
Blue Cross/Blue Shield of Florida
532 Riverside Avenue Jacksonville, Florida 32202
Aurelio Durana, Esquire
J. Worth 0wen, Esquire Suite 240, Building F
325 John Knox Road Tallahassee, Florida 32301
Donald A. Griffin, Director Human Relations Commission Suite 240, Building F
325 John Knox Road Tallahassee, Florida 32301
Rosemary Scaringe, Clerk Human Relations Commission Suite 240, Building F
325 John Knox Road Tallahassee, Florida 32301
Attachments to the Recommended Order
STATE OF FLORIDA
FLORIDA COMMISSION ON HUMAN RELATIONS
Ms. Wanda C. Owens Complainant 6003 Caprice Drive
Jacksonville, Florida 32210
FCHR No. 83-1835
Blue Cross/Blue Shield of Florida, Inc. EEOC No. 046830477 c/o Robert Macina, Esquire
Associate General Counsel Respondent
532 Riverside Avenue Jacksonville, Florida 32202
NOTICE OF REDETERMINATION: NO CAUSE
PLEASE TAKE NOTICE that a Redetermination has been made on the above-referenced complaint that there is no reasonable cause to believe that an unlawful employment practice has occurred. A copy of the Redetermination is attached.
The parties are hereby advised that the Complainant may request that a formal, post-investigative proceeding be conducted. Any Request for Hearing/Petition for Relief must be filed within 30 days of the date of this Notice and should be in compliance with the provisions of Rule 22T-9.08 and Chapter 22T-8, Florida Administrative Code. A form Petition for Relief is enclosed for Complainant as required by the Commission's rules.
This action will not become final until time has expired for Complainant to file a Petition for Relief. Failure of Complainant to timely file a petition will result in dismissal of the complaint pursuant to Rule 22T-9.06, Florida Administrative Code.
FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS
Clerk of the Commission
NOTICE OF REDETERMINATION: NO CAUSE
Page Two
I HEREBY CERTIFY that a copy of the foregoing Notice of Redetermination was served upon the above-named addresses this 30th day of September, 1983 , by certified U.S. mail.
BY C.M. No. (C) 7770398
C.M. No. (R) 7770399
Attachment
Petition for Relief, in blank (Complainant)
STATE OF FLORIDA
FLORIDA COMMISSION ON HUMAN RELATIONS
MS. WANDA C. OWENS
6003 Caprice Drive
Jacksonville, Florida 32210 Complainant
FCHR No. 83-1835
Blue Cross/Blue Shield of Florida, Inc. EEOC No. 046830477 OF FLORIDA, INC.
c/o Robert Macina, Esquire Associate General Counsel
532 Riverside Avenue
Jacksonville, Florida 32202 Respondent
REDETERMINATION: NO CAUSE
Ms. WANDA C. OWENS, filed a Request for Redetermination of the Executive Director's Determination: No Cause issued August 2, 1983, pursuant to Rule 22T- 9.07, Florida Administrative Code.
Upon consideration of the arguments advanced in the Request for Redetermination and all pertinent portions of the record, and after having been advised by the assigned attorney and the Office of Field Services, it is my determination that the Request for Redetermination be DENIED.
Accordingly, pursuant to Rule 22T-9.07(9), Florida Administrative Code, my Determination: No Cause is AFFIRMED.
DATED: September 28, 1983.
FILED: September 30, 1983
INTERIM EXECUTIVE DIRECTOR
Florida Commission on Human Relations
BY:
Clerk of the Commission
Wanda C. Owens 14 November 1983
6003 Caprice Dr. Jacksonville, Florida 32210
Florida Commission On Human Relations
This is to verify that I Wanda C. Owens was not at the above address from the morning of 3, October 1983 until the evening of 27, October 1983.
Signature Date Witness Date
STATE OF FLORIDA
FLORIDA COMMISSION ON HUMAN RELATIONS
January 12, 1984
Ms. Wanda Owens 6003 Caprice Drive
Jacksonville, Florida 32210 Dear Ms. Owens:
Re: Wanda Owens v. Blue Cross/Blue Shield FCHR No. 83-1835
On November 21, 1983 I discussed with you the affidavit you submitted regarding your being away from home during the period of time you were allotted to appeal the determination.
I advised that our attorneys had requested an additional affidavit with more specific information as to the date you did receive the determination and a specific request for a time extension.
To date, I have not received this affidavit.
Please respond within five (5) days of receipt of this letter with either the requested affidavit or a letter stating your intent not to pursue the complaint further.
Sincerely,
Jeffrey Parks
Field Representative
Wanda C. Owens 6003 Caprice Dr.
Jacksonville, Florida 32210
January 16, 1984
Florida Commission on Human Relations
325 John Knox Road Suite 240, Building F
Tallahassee, Florida 32303
Re: Wanda C. Owens v. Blue Cross/Blue Shield FCHR No. 83-1835
Dear Sir:
In compliance with the letter received this date from Field Representative Jeffrey Parks the following information is submitted.
I was not at my normal mailing address, 6003 Caprice Dr. from 6:00 A.M. October 3, 1983 until 11:30 P.M. October 27, 1983. A copy of the Notice of denial for redetermination was received by me on October 28, 1983. This did not allow me any time to file for a formal, post-investigative proceeding. It is respectfully requested that I be granted an extention of time to allow me to file this request.
Sincerely, Wanda C. Owens
Witnessed:
STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
Before the Division of Administrative Hearings
WANDA C. OWENS,
Petitioner,
vs. CASE NO. 83-1835
BLUE CROSS/BLUE SHIELD OF FLORIDA, INC.,
Respondent.
/
TRANSMITTAL OF PETITION
TO: Division of Administrative Hearings 2009 Apalachee Parkway
Room 102, Oakland Building Tallahassee, Florida 32301
Please be advised that the Florida Commission on Human Relations has received the attached Request for Hearing* pursuant to Rule 28-5.111, Florida Administrative Code, from Wanda C. Owens . Pursuant to Section 120.57, Florida Statutes, Rule 28-5.201(3), Florida Administrative Code, and FCHR v. Bentley,
422 So.2d 964 (Fla. 1st DCA 1982), the Commission requests the Division of Administrative Hearings to assign this matter to a hearing officer and conduct all necessary proceedings required under the law and submit a recommended order to the Commission. Copies of all pleadings and jurisdictional papers heretofore filed in this proceeding are attached to this Notice.
CERTIFICATE OF TRANSMITTAL
Transmitted this 24th day of January, 1984 at Tallahassee, Florida.
Clerk of the Commission
ATTACHMENTS:
Notice of Redetermination (with Redetermination attached) Request for Hearing
Complaint
Notice of Determination Determination Investigatory Report
Notice to Commissioners of Petition Notice of Transcription
Notice to Respondent
*The Request for Hearing, in the form of two affidavits from Complainant, was received by the Commission after the filing period allowed by Rule 22T-9.08 for Petitions for Relief.
STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
BEFORE THE DIVISION OF ADMINISTRATIVE HEARINGS
WANDA C. OWENS,
Petitioner,
vs. FCHR CASE NO. 83-1835
DOAH CASE NO. 84-0321
BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC.,
Respondent.
/
Respondent,
BLUE CROSS AND BLUE SHIELD OF FLORIDA, INC., through its counsel, in response to Petitioner's Petition for Relief, states:
ANSWER
All allegations not specifically admitted herein are specifically denied.
Respondent denies that it has taken any employment actions against Petitioner, whether demotion, transfer, termination, or other, based upon Petitioner's age.
Respondent denies that it has violated any Federal, State, or Local law or rules with regard to the employment of Petitioner with Respondent.
Petitioner has caused these same allegations to be investigated by a duly authorized state agency, the Florida Commission on Human Relations. After a thorough investigation, including a Fact Finding Conference, the Commission determined that there was "no cause" to believe the allegations were true. The same opinion was rendered after a Request for Redetermination. There is no valid reason to reverse this decision.
Due to the informality of Petitioner's Petition for Relief, the Respondent is unable to answer further without specific allegations. Petitioner did not set out: all disputed issues of material fact; a statement of the ultimate facts alleged; or the statutory provision entitling her to relief, as required by Rule 22T-8.09. Therefore, a more complete statement of the allegations against Respondent is demanded of Petitioner.
AFFIRMATIVE DEFENSES
Affirmatively, this Respondent says that:
All actions taken by Respondent with regard to Petitioner's employment were lawful under all Federal, State, and Local laws and regulations, and were based upon bona fide business reasons.
No action was taken by Respondent with regard to Petitioner's employment based upon Petitioner's age.
All actions taken by Respondent with regard to the employment of Petitioner were in compliance with Respondent's own internal rules and regulations, and such rules and regulations were applied uniformly to all similarly situated employees.
For any positions from which Petitioner was removed during her employment with the Respondent, Petitioner was either lawfully displaced, she would have been terminated due to poor performance, or she held a temporary position which ended.
In denying any positions to Petitioner for which she had applied, Respondent applied bona fide job qualifications to all candidates, and found other candidates more qualified than Petitioner.
Petitioner did not file a Request for Relief in a timely fashion, as required by Rule 22T-9.08.
It is hereby CERTIFIED that a true and correct copy of the foregoing was mailed to the Florida Commission on Human Relations, the State of Florida Division of Administrative Hearings, and Wanda C. Owens, on this 16th day of February, 1984.
Robert P. Macina
Blue Cross and Blue Shield of Florida, Inc.
Attorney for Petitioner
532 Riverside Avenue Jacksonville, Florida 32231 (904)791-6768
STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
WANDA C. OWENS, )
)
Petitioner, )
)
vs. ) CASE NO. 84-0321
) FCHR NO. 83-1835
BLUE CROSS/BLUE SHIELD OF )
FLORIDA, INC., )
)
Respondent. )
)
ORDER
A review of the material submitted to the Division of Administrative Hearings indicates that Petitioner has not filed the written request for hearing through a petition document mentioned in her correspondence of January 16, 1984. Consequently, Petitioner has until 5:00 p.m. March 2, 1984, to file the petition for hearing. That filing should be made with the Division of Administrative Hearings with copies served upon counsel for the Respondent, counsel for the Commission on Human Relations, and the Clerk of the Commission on Human Relations. The address of the Division of Administrative Hearings is set forth under the signature line of this Hearing Officer. A copy of Rule 28-5.201, Florida Administrative Code is attached to this order to assist the Petitioner in compliance with this instruction. Failure of the Respondent to comply with this instruction shall bring about the entry of a Recommended Order of dismissal of this action.
DONE and ENTERED this 17th day of February, 1984, in Tallahassee, Florida.
CHARLES C. ADAMS
Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
(904) 488-9675
Filed with the Clerk of the Division of Administrative Hearings this 17th day of February, 1984.
COPIES FURNISHED:
Ms. Wanda C. Owens 6003 Caprice Drive
Jacksonville, Florida 32210
Robert Macina, Esquire
Blue Cross/Blue Shield of Florida
532 Riverside Avenue Jacksonville, Florida 32202
Aurelio Durano, Esquire Human Relations Commission Suite 240, Building F John Knox Road
Tallahassee, Florida 32301
Donald A. Griffin, Director Human Relations Commission Suite 240, Building F
325 John Knox Road Tallahassee, Florida 32301
Rosemary Scaringe, Clerk Human Relations Commission Suite 240, Building F
325 John Knox Road Tallahassee, Florida 32301
JOHN K. KATTMAN March 1, 1984 ROBERT P. ESHELMAN II
JOHN F. MACLENNAN
Charles C. Adams, Hearing Officer Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
Re: Wanda C. Owens, Petitioner vs.
Blue Cross/Blue Shield of Florida, Inc.; FCHR No. 83-1835; EEOC No. 046830477
Dear Mr. Adams:
Pursuant to your Order dated February 17, 1984 in the referenced matter, enclosed herewith please find a copy of petitioner's Request for Administrative Hearing and Petition for Relief.
The original has been forwarded by mail this date to Rosemary Scaringe, Clerk of the Human Relations Commission for filing.
Very truly yours, John F. Kattman
JFK/bbr Enclosure
cc: Robert Macina, Esquire Aurelio Durano, Esquire Donald A. Griffin Rosemary Scaringe, Clerk
FLORIDA COMMISSION ON HUMAN RELATIONS
WANDA C. OWENS, )
)
Petitioner, )
)
vs. ) FCHR NO. 83-1835
)
BLUE CROSS/BLUE SHIELD OF ) EEOC NO. 046830477 FLORIDA, INC., )
)
Respondent. )
)
REQUEST FOR ADMINISTRATIVE HEARING AND PETITION FOR RELIEF
Petitioner files this request for administrative hearing and for relief from an unlawful employment practice and says:
Petitioner's name, address and telephone number are as follows: Wanda C. Owens
6003 Caprice Drive
Jacksonville, Florida 32210
(904) 772-9237
Respondent's name, address and telephone number are as follows: Blue Cross/Blue Shield of
Florida, Inc.
532 Riverside Avenue Jacksonville, Florida 32231 (904) 791-6111
3 Respondent has violated the Human Rights Act of 1977, and the Age Discrimination of Employment Act, both as amended, in the manner specifically described below:
Respondent removed petitioner from a job position for which she was fully qualified and forced petitioner into a temporary job position which eventually led to petitioner's termination.
Petitioner contends that she was treated in this fashion because of her age which was 43 years at the time of her removal. Petitioner believes this to be the case because younger persons, and specifically, a Ms. Toni Howard, were allowed to qualify for and accept a job position for which petitioner also applied and was denied. Petitioner was more qualified than Ms. Howard. To petitioner's knowledge, Ms. Howard was approximately 28 years of age at that time. Further, petitioner believes that respondent has discriminated against other employees on the basis of age in violation of the law, particularly including the termination of Ms. Ruby Scott.
The disputed issues of material fact are as follows:
Petitioner alleges that respondent has treated petitioner differently from others similarly situated based upon petitioner's age.
Respondent has denied petitioner's contention.
The ultimate facts alleged and entitlement to relief are as listed below:
Petitioner alleges that she was removed from her job classification and placed on a temporary job position because of her age.
The reasons given by respondent for terminating petitioner are not true as shown by the fact that respondent has treated other employees differently than petitioner.
Specifically, respondent has allowed other employees such as Ms. Toni Howard to qualify for and accept job positions while not allowing petitioner to qualify for and accept such job positions. Petitioner contends that she was more qualified for the job position obtained by Ms. Howard than was Ms. Howard on the basis of her (petitioner's) training and experience.
Petitioner was notified of the Commission's proposed disposition of this matter when she received written notice from the Agency on October 28, 1983.
Petitioner's substantial interest will be affected by the Agency's action in this matter in that petitioner seeks reinstatement with back pay and this claim for relief will be hindered if the Agency should rule against petitioner.
WHEREFORE, petitioner prays that the Florida Commission on Human Relations schedule its administrative hearing on this matter and after appropriate notice of hearing enter its order prohibiting the unlawful employment practices of respondent and grant petitioner such affirmative relief as may be just and equitable in this cause.
WANDA C. OWENS, Petitioner
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a copy of the foregoing Request for Administrative Hearing and Petition for Relief has been furnished by United States Mail, this 1st day of March, 1984, to the following persons:
Charles C. Adams Hearing Officer
Division of Administrative Hearings The Oakland Building
2009 Apalachee Parkway
Tallahassee, Florida 32301
Robert Macina, Esquire
Blue Cross/Blue Shield of Florida
532 Riverside Avenue Jacksonville, Florida 32202
Aurelio Durano, Esquire Human Relations Commission Suite 240, Suite F
325 John Knox Road Tallahassee, Florida 32301
Donald A. Griffin, Director Human Relations Commission Suite 240, Building F
325 John Knox Road Tallahassee, Florida 32301
Rosemary Scaringe, Clerk Human Relations Commission Suite 240, Building F
325 John Knox Road Tallahassee, Florida 32301
WANDA C. OWENS, Petitioner
| Issue Date | Proceedings |
|---|---|
| Apr. 09, 1984 | Recommended Order sent out. CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| Apr. 09, 1984 | Recommended Order | Dismiss complaint of unlawful employment practices against Respondent. |
