Judges: K. N. AYERS
Agency: Commissions
Latest Update: Sep. 03, 1987
Summary: Claim of reverse discrimination by reason of race (caucasion) and sex (male) prima facie case rebutted by evidence that more qual. people were promoted.
87-2549STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
STEPHEN J. SEFSICK, )
)
Petitioner, )
)
vs. ) CASE NO. 87-2549
)
FLORIDA DEPARTMENT OF )
CORRECTIONS, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above- styled case on June 29, 1987, at Dade City, Florida.
APPEARANCES
For the Petitioner: Stephen J. Sefsick, pro se
68 East Suncoast Boulevard Wesley Chapel, Florida 34249
For the Respondent: Ernest L. Reddick, Esquire
1311 Winewood Boulevard
Tallahassee, Florida 32301
By Petition for Relief dated June 8, 1987, Stephen J. Sefsick, Petitioner, contends he was discriminated in employment by reason of his race (Caucasian), and his sex (male), when two other corrections officers were promoted to Corrections Officer II, a position for which he was qualified and applied for.
At the beginning of the hearing Respondent stipulated to Findings 1-3 below. Thereafter, Petitioner called six witnesses, Respondent called one witness and eleven exhibits were admitted into evidence.
Proposed findings submitted by Respondent which are not included herein were unnecessary to the conclusions reached. All other proposed findings are accepted.
FINDINGS OF FACT
Stephen J. Sefsick was employed as Corrections Officer I at Zephr Hills Corrections Institute (ZCI) in November 1980.
Sefsick met the minimum qualifications for promotion to Correctional Officer II.
Sefsick is a white male and was not promoted to the position of Corrections Officer II.
On May 24, 1985, Sefsick was denied a promotion to Corrections Officer II at ZCI when that promotion was given to Constance Hale, a Hispanic female.
On June 28, 1985, Sefsick was denied a promotion to Corrections Officer II when that promotion was given to Ronald Young, a black male.
A promotion committee consisted of Correctional Officer Supervisor I Wayne Hutto, Correctional Officer Chief Sammy Hill, Assistant Superintendent Eugene Ginn, and Superintendent Ray Henderson. The first two named interviewed
22 applicants for the vacancy filled May 24, 1985, including Sefsick as well as reviewed all applicants' personnel file. They also relied upon their knowledge of the applicants, all of whom they supervised, to make this recommendation.
For the May 24, 1985, vacancy Hutto and Hill recommended Correctional Officer I Constance Hale for the promotion, citing her past performance and her continuing education and training as reasons for their recommendation.
Assistant Superintendent Ginn reviewed this recommendation, approved same and forwarded it to Superintendent Henderson who has final promotion authority at ZCI. Superintendent Henderson approved the recommendation and Hale received the promotion.
The same procedure was followed for the position filled June 28, 1985, except that those applicants interviewed for the May promotion were not again interviewed. On June 28, 1985, Hill and Hutto recommended Correctional Officer I Ronald Young for promotion to Correctional Officer II and this recommendation was accepted by the Superintendent and Young was promoted.
Florida Department of Corrections has an Affirmative Action Plan (Exhibit 5) which provides that "promotions to vacant positions shall be through open competition and based on prior job performance in order that the best qualified person for the position is chosen. However, every opportunity shall be made to upgrade and promote women, minorities, and the handicapped to more responsible positions. . . . " No quota for promotions is provided and all witnesses concurred that the best applicant was chosen for the two vacancies here questioned.
Sefsick received five employee service ratings between the time he was employed in November 1980 and the time of the promotions in question. The first two evaluations in 1981 were conditional, the third was satisfactory, and the fourth and fifth were above satisfactory with the fifth assigned November 20, 1984.
In January 1985, Sefsick was counselled by Major Hill and Lieutenant Hester regarding his practice of using the "snitch" system to make drug seizures. He was informed that he was thereby jeopardizing the safety of inmates as well as his own safety.
An additional 160 hours of training had to be completed by correctional officers at ZCI in order to qualify for the full pay increase effective in 1985. Sefsick was working the night shift and made little effort to change shifts to attend the evening classes required to complete the training. His supervisors believed he was resisting taking the required training. However, he completed the training before the deadline.
Officer Hale completed the required training for correctional officer and in addition received training in Advanced Emergency Medical Procedures and Advanced Report Writing and Review. Since her employment on June 15, 1982, Officer Hale has received three evaluations in which all of the marks assigned were satisfactory and above satisfactory.
Since his employment as a correctional officer on March 18, 1983, Officer Young has received four evaluations, two of which were satisfactory and two above satisfactory. Young has also completed all required training courses.
Neither Sefsick's race nor his sex was considered by the promotional committee in denying him promotion.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.
In a discrimination case, the Petitioner has the initial burden of establishing a prima facie case of discrimination. If Petitioner succeeds in proving the prima facie case, the burden shifts to the Respondent to articulate some legitimate reason for the Petitioner's rejection. Should Respondent carry this burden, Petitioner must then have the opportunity to prove, by a preponderance of the evidence, that the legitimate reasons offered by the Respondent were not his true reasons, but were a pretext for discrimination. Texas Department of Community Affairs vs. Burdine, 450 U.S. 248, 253, 101 S.Ct. 1089, 1093, 67 L.Ed.2d 207 (1981).
To present a prima facie case, Petitioner must present facts which "raise an inference of discrimination only because we presume those acts, if otherwise unexplained, are more likely than not based on the consideration of impermissible factors." Id. at 450 U.S. 254. The prima facie case serves to eliminate the most common nondiscriminatory reasons for the Plaintiff's rejection. See Teamsters vs. United States, 431 U.S. 324, 358 and n. 44, 97 S.Ct. 1843, 1866, 52 L.Ed.2d 396 (1977).
Assuming arguendo, that by virtue of having worked as a correctional officer at ZCI longer than either Hale or Young when they were promoted, Petitioner has established a prima facie case of reverse discrimination, Respondent presented credible evidence that on each occasion a more qualified applicant than Petitioner was promoted to the vacancy.
From the foregoing, it is concluded that Petitioner has failed to prove a prima facie case of discrimination when a Hispanic female and a black male were selected for promotion to the positions to which Petitioner also aspired. It is
RECOMMENDED that a Final Order be issued finding Petitioner has failed to prove a prima facie case of discrimination, and that his Petition for Relief be denied.
ENTERED this 3rd day of September, 1987, in Tallahassee, Florida.
K. N. AYERS 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 3rd day of September, 1987.
COPIES FURNISHED:
Stephen J. Sefsick
68-E Suncoast Boulevard Wesley Chapel, Florida 34249
Ernest Reddick, Esquire Department of Corrections 1311 Winewood Boulevard
Tallahassee, Florida 32399-2500
Donald A. Griffin Executive Director
Commission on Human Relations
325 John Knox Road Building F, Suite 240
Tallahassee, Florida 32399-1925
Regina McGriff, Clerk Commission on Human Relations
325 John Knox Road Building F, Suite 240
Tallahassee, Florida 32399-1925
Dana Baird, Esquire General Counsel
Commission on Human Relations
325 John Knox Road Building F, Suite 240
Tallahassee, Florida 32399-1925
Docket for Case No: 87-002549
Orders for Case No: 87-002549
| Issue Date |
Document |
Summary |
|
Nov. 05, 1987 |
Agency Final Order
|
|
|
Sep. 03, 1987 |
Recommended Order
|
Claim of reverse discrimination by reason of race (caucasion) and sex (male) prima facie case rebutted by evidence that more qual. people were promoted.
|
