STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ARTENIA SANDERS, )
)
Petitioner, )
)
vs. ) Case No. 85-3846
) CHURCH'S FRIED CHICKEN, INC., )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, W. Matthew Stevenson, held a formal hearing in this cause on February 14, 1986 in Tallahassee, Florida.
The issue for determination at the final hearing was whether the Respondent, Church's Fried Chicken, Inc., committed an unlawful employment practice by discriminating against Petitioner on the basis of sex.
PROCEDURAL BACKGROUND
On April 25, 1985, Petitioner filed a charge of discrimination with the Florida Commission on Human Relations, alleging that Respondent committed an unlawful employment practice by terminating her employment on the basis of sex. On August 22, 1985, the Florida Commission on Human Relations rendered its proposed notice of determination that there was no reasonable cause to believe that an unlawful employment practice had occurred. By petition filed with the Division of Administrative Hearings on November 7, 1985, Petitioner requested a formal administrative hearing on her charge of sex discrimination against Respondent, Church's Fried Chicken, Inc.
This cause came on for final hearing on February 14, 1986.
Neither party was represented by counsel. The Petitioner, Artenia Sanders, testified in her own behalf and submitted Petitioner's Exhibit 1 for consideration. The following witnesses testified on behalf of Respondent, Church's Fried Chicken, Inc.: Pat Avery, Regional Manager; Dan Braafhart, District Manager; Cleveland Luster, Area Manager; and, Kenneth Bells, Assistant Manager. In addition, Respondent's Exhibits 1,
2 and 3 were submitted for consideration.
FINDINGS OF FACT
Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received and the entire record compiled herein, I hereby make the follow ing findings of fact:
The Petitioner, Artenia Sanders, is a black female.
The Respondent, Church's Fried Chicken, is a fast food restaurant whose primary product is fried chicken. Respondent is an employer within the meaning of the Human Rights Act of 1977.
The Respondent-commenced employment with Petitioner on November 5, 1985; she was terminated from her ultimate position as an Assistant Manager with Church's Fried Chicken, 1935 Apalachee Parkway, Tallahassee, Florida, on March 21, 1985.
On the morning of March 20, 1985, Daniel Braafhart performed an inspection on the Church's Fried Chicken store #1036, located on Apalachee Parkway. As District Manager, Mr. Braafhart is responsible for quality control. Chuck Mathews, a Senior Manager, was also present at the inspection. The store was soon to be opened for customer service and chicken was being fried in preparation.
During the inspection, Mr. Braafhart noticed that the shortening in which the chicken had been cooked was foaming. He then grabbed the chicken, taste-tested it and discovered that the chicken was spoiled. Mr. Braafhart checked the coolers and found that the chicken there was also spoiled. Braafhart immediately locked all of the doors and pulled the chicken off of the racks and out of the refrigerators.
Upon the discovery of the spoiled chicken, Mr. Braafhart went over and spoke to Petitioner. Petitioner was the only managerial-level employee on duty and was therefore "manager-on- duty." Petitioner told Mr. Braafhart that she did not know that the chicken was spoiled. Mr. Braafhart then checked and found out that Petitioner failed to ratify the Cash Count and Inventory Sheet (C.C.I.N.V.) from the previous night.
The Cash Count and Inventory Sheet procedure is a method whereby managers verify cash and inventory prior to opening and closing the store for business. As part of the C.C.I.N.V. procedure, the manager is required to physically check the product to avoid the possibility of spoiled chicken being prepared for sale. Mr. Kenneth Bells was the Senior Manager at store 1036, but was off-duty on March 20, 1985.
Mr. Bells was the closing manager on the evening of March 19,
1985 and performed the C.C.I.N.V. procedure at closing time.
Mr. Cleveland Luster, Area Manager, was notified of the situation and made the decision to terminate Petitioner's employment on March 21, 1985, based on the single incident of not ratifying the C.C.I.N.V. on March 20, 1985 which resulted in the preparation and near sale of spoiled chicken.
A male manager of another store was demoted and transferred to a different store for over-all problems in management skills and specific problems relating to bank deposits and financial accountability. However, this male employee was not terminated.
Because of the possible ramifications on the public health, Respondent considered Petitioner's infraction to be more serious than the infractions of the male manager that was demoted vice terminated.
In the absence of a Senior Manager, the Assistant Manager of a Church's Fried Chicken Restaurant is required to assume all of the responsibilities of both positions.
The Area Manager that made the decision to terminate Petitioner has had a previous history of fair and non- discriminatory actions with regard to female employees.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction of the parties to, and the subject of, this proceeding. Section 120.57(1), Florida Statutes (1983).
The general purpose of the Human Rights Act of 1977 is "to secure for all individuals within the State freedom from discrimination because of race, color, religion, sex, national origin, age, handicap, or marital status, and thereby to protect their interests in personal dignity, to make available to the state their full productive capacities, to secure the State against domestic strife and unrest, to preserve the public safety, health and general welfare, and to promote the interests, rights and privileges of individuals within the State. Section 760.01(1), Florida Statutes. In addition, Section 760.01(3) provides that the provisions of the Human Rights Act of 1977 must be construed liberally to further the general purposes stated in the Act. Section 760.10(1)(a), Florida Statutes provides in part that:
"(1) it is an unlawful employment practice for an employer:
to discharge or fail or refuse to hire any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of said individual's . . . sex."
The petitioner has failed to show that the Respondent, Church s Fried Chicken Inc., discriminated against her on the basis of sex. Specifically, the Petitioner failed to show that she was terminated from her position as Assistant Manager on the basis of sex. The Petitioner's failure to complete the
C.C.I.N.V. procedure was a serious infraction which could have caused harm to the public health and damage to the business goodwill of Church's Fried Chicken, Inc. The Respondent articulated and substantiated legitimate, non-discriminatory reasons for the actions complained of. The Petitioner has not shown the articulated reasons to be pretextual. The Petitioner further failed to substantiate her allegations that she was treated differently than male employees. Petitioner presented no evidence indicating that male employees committing infractions similar in seriousness to hers' were treated more leniently.
Of course, the presence or absence of reasonable and objective grounds for employment decisions may be probative on the issue of discriminatory intent. Because the Petitioner has not shown that she was terminated because of her sex, it would be inappropriate to further discuss the wisdom of the Respondent's management decision to terminate Respondent based on a one time mishap.
Based on the foregoing findings of fact and conclusions of law, it is:
RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the complaint and the Petition for Relief filed by Mrs. Artenia Sanders.
DONE and ORDERED this 10th day of March, 1986 in Tallahassee, Leon County, Florida.
W. MATTHEW STEVENSON, 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 10th day of March, 1986.
COPIES FURNISHED:
Artenia Sanders
1619 Lake Avenue, Apt. C-3 Tallahassee, Florida 32304
Mr. Pat Avery Personnel Manager
Church's Fried Chicken, Inc. 2036 Carroll Avenue
Chamblee, Georgia 30341
Donald A. Griffin Executive Director Florida Commission on
Human Relations
325 John Knox Road Building F, Suite 240I~
Tallahassee, Florida 32303
Dana Baird, Esquire General Counsel Florida Commission on
Human Relations
325 John Knox Road Tallahassee, Florida 32303
APPENDIX
The following constitutes my specific rulings pursuant to Section 120.59(2), Florida Statutes, on all of the Proposed Findings of Fact submitted by the parties to this case.
RULINGS ON PROPOSED FINDINGS OF FACT SUBMITTED BY THE PETITIONER
(None Submitted)
RULINGS ON PROPOSED FINDINGS OF FACT SUBMITTED BY THE RESPONDENT
(Because the Respondent's Proposed Findings of Fact were in letter form and unnumbered, a number has been assigned to each paragraph in chronological order beginning with paragraph
Salutory remarks and not a finding of fact.
Preliminary information and not a finding of fact.
Rejected as subordinate.
Not included in R.O. because subordinate.
Rejected as not supported by competent substantial evidence.
Partially adopted in Findings of Fact 6 and 8. Matters not included therein are rejected as argumentative. The last sentence is rejected as speculation.
Rejected as a recitation of testimony.
Rejected as not supported by competent substantial evidence.
Rejected as subordinate and unnecessary.
Partially covered in Procedural Background section of R.O. Matters not contained therein are rejected as argument.
================================================================= AGENCY FINAL ORDER
=================================================================
STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
ARTENIA SANDERS, EEOC Case No. 046852145
Petitioner, FCHR Case No. 85-2149
DOAH Case NO. 85-3846
CHURCH'S FRIED CHICKEN, INC., FCHR Order No. 86-029
Respondent.
/
ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE
Panel of Commissioners
The following Panel of three Commissioners was appointed to exercise the Commission's powers in the disposition of this
matter:
Commissioner Learna G. Ramsey, Panel Chairperson;
Commissioner Elvira M. Dopico; and Commissioner Thomas H. Poole, Sr.
Appearances
No appearance was entered at the Commission deliberation by or on behalf of Petitioner or Respondent.
Preliminary Matters
Artenia Sanders, Petitioner herein, filed a complaint of discrimination with this Commission pursuant to the Human Rights Act of 1977, as amended, Sections 760.01-760.10, Florida Statutes (1985),1 alleging that Church's Fried Chicken, Inc., Respondent herein, unlawfully discriminated against Petitioner on the basis of sex (female).
In accordance with the Commission's rules, the allegations of discrimination set forth in the complaint of discrimination were investigated and a report of said investigation was submitted to the Executive Director. On August 22, 1985, the Executive Director issued his Determination finding no reasonable cause to believe that an unlawful employment practice occurred.
Petitioner sought reconsideration of this decision and on September 30, 1985, the Executive Director denied her Request for Redetermination.
On October 30, 1985, the Petitioner filed a Petition for fief from an Unlawful Employment Practice. The petition was referred to the Division of Administrative Hearings (DOAH) for the conduct of a formal proceeding pursuant to Rule 22T-8.16(1). The formal proceeding was held on February 14, 1986, in Tallahassee, Florida, before W. Matthew Stevenson, DOAH Hearing Officer. The Hearing Officer entered a Recommended Order in this matter on March 10, 1986.
Neither party filed exceptions to the Recommended order. Pursuant to notice, public deliberations were held on May 2,
1986, before the aforementioned Panel of Commissioners by means
of telephone conference call,2 at which deliberations the Panel determined the action to be taken upon the petition.
Findings of Fact
Having considered the Hearing Officer's findings of fact, and being particularly mindful that the Commission may not reverse such findings without a complete review of the record, and in the absence of either party providing the Commission with a written transcript of the formal proceedings, the Panel will not disturb the Hearing Officer's findings of fact. Section 120.57(l)(b)9, Fla. Stat. (1985); Rule 22T-8.25, Fla. Admin.
Code. The Hearing Officer's findings of fact are hereby adopted.
Conclusions of Law
The Hearing Officer's conclusions of law, based upon his findings of fact, are a correct application of law. The Hearing Officer's conclusions of law are hereby adopted.
Dismissal
The Hearing Officer's recommendation is adopted and his Recommended Order is incorporated herein by reference.
Accordingly, the Petition for Relief from an Unlawful Employment Practice and the complaint of discrimination are hereby DISMISSED with prejudice.
Petitioner is advised of her right to petition the Florida District Court of Appeal for review of this Order within 30 days of the date that this Order is filed with the Clerk of the Commission. Section 120.68, Fla. Stat. (1985); Fla. R. App. P. 9.110(b).
It is so ORDERED.
Dated this 12th day of May, 1986.
FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
BY:
Commissioner Learna G. Ramsey, Panel Chairperson and
Commissioner Elvira M. Dopico.
Commissioner Thomas H. Poole, Sr., abstaining.
FILED this 20th day of May, 1986, in Tallahassee, Florida.
Betsy Howard
Clerk of the Commission
COPIES FURNISHED:
Artenia Sanders, Petitioner (C.M.# P318661520)
Pat Avery, Representative for Respondent (C.M.# P318661521) Suzanne M. Choppin, Legal Advisor for Commission Panel Paulette H. Simms, Administrator of Employment Investigations
W. Matthew Stevenson, DOAH Hearing Officer
ENDNOTES
1/ Unless otherwise indicated, all statutory references are to Florida Statutes (1985), and rule references are to Florida Administrative Code.
2/ The public access point for this conference call was the office of the Commission in Tallahassee, Florida.
| Issue Date | Proceedings |
|---|---|
| Mar. 10, 1986 | Recommended Order (hearing held , 2013). CASE CLOSED. |
| Issue Date | Document | Summary |
|---|---|---|
| May 20, 1986 | Agency Final Order | |
| Mar. 10, 1986 | Recommended Order | Complaint was dismissed because Petitioner failed to show that Respondent discriminated against her on the basis of sex. |
