STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
ADA J. SIMS, )
)
Petitioner, )
)
vs. ) Case No. 98-2354
)
SCHOOL BOARD OF ORANGE )
COUNTY, FLORIDA, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Administrative Law Judge, Mary Clark, held a formal hearing in the above-styled case on September 10, 1998, in Orlando, Florida.
APPEARANCES
For Petitioner: Ada Sims
1601 Crooms Avenue
Orlando, Florida 32805
For Respondent: Frank C. Kruppenbacker, Esquire
Post Office Box 3471 Orlando, Florida 32801-3471
STATEMENT OF THE ISSUES
Petitioner's charge of discrimination alleges that the Orange County School Board discriminated against her on account of her age and race when the school board dismissed her in July 1994. Although the school board told her that she was dismissed because she did not have a college degree, allegedly another
(white) employee without a degree was not dismissed. Petitioner alleges that, in violation of policy, the school board
did not assist her to find another position and that since her dismissal younger employees were hired in positions in which she could have worked.
The issue in this case is whether Petitioner was discriminated against, as alleged, and if so, what relief is appropriate.
PRELIMINARY STATEMENT
The Florida Commission on Human Relations forwarded Ms. Sims' Charge and Petition for Relief to the Division of Administrative Hearings and the formal hearing was set as described above.
At the hearing Ms. Sims testified on her own behalf, and had received into evidence 19 documents, marked Petitioner's Exhibits No. 1 through 19.
Respondent, the Orange County School Board, presented the testimony of Mary Bailey and Katherine Thompson. Respondent's Exhibits No. 1 and 2 were received into evidence, including a deposition of Ms. Sims taken during discovery for this proceeding.
After the hearing, Ms. Sims submitted a summary of her arguments and case. Neither the transcript nor other post- hearing pleadings were filed.
FINDINGS OF FACT
Petitioner Ada J. Sims is an African-American female born October 28, 1934. She resides in Orlando, Orange County, Florida.
During the 1993/94 school year, Ms. Sims was employed as an occupational specialist by the Orange County School Board (OCSB). She was assigned to Cypress Creek High School. Ms. Sims worked for the OCSB for 26 years; the first 4 or 5 were in clerical positions, and the last 22 years were as an occupational specialist at various schools. Ms. Sims does not have a college degree.
Sometime during the 1993/94 school year, Ms. Sims was offered and accepted an early retirement opportunity. She expressed her intent to retire effective December 1994.
The last day of school was the end of May 1994. At that time Ms. Sims understood that she still had a job at Cypress Creek High School for the beginning of the 1994/95 school year.
Sometime during the early summer in 1994, the superintendent of schools and the OCSB realized the need to reduce instructional positions in order to keep expenditures within an available budget. The certification area, "occupational specialist," was identified for the reduction in force.
On or about July 19, 1994, Cypress Creek assistant principal Cathy Thompson spoke to Ms. Sims by telephone to inform
her that she was no longer employed and that she should call the personnel department for further information.
Ms. Sims was upset and called the personnel office. She also visited the office, wrote letters to the school board chairperson and superintendent, and contacted the Classroom Teacher Association. Ms. Sims felt that people were evasive and non-responsive. No one helped her find other employment.
Sometime between August and December 1994, Ms. Sims began receiving her retirement benefits. Since then, she has been employed only part-time: briefly for a newspaper and now with Haitian Social Services. In her complaint of discrimination, Ms. Sims is claiming $15,000 in lost wages and
$5,000 for "pain and suffering."
Mary Bailey is employed by the OCSB Division of Human Resources. A former classroom teacher and principal, she has worked for the OCSB for 33 years. Ms. Bailey was the supervisor for the reduction in force which eliminated Ms. Sims' position.
There were approximately 12-15 occupational specialist positions in the OCSB in May 1994. All but 2 or 3 were eliminated. In determining which positions were eliminated the incumbent's job history was reviewed to determine seniority. White and African-American employees were laid off. The only employees retained were those with college degrees who could obtain a teaching certificate and be placed in a regular instructional position. Ms. Sims, without a college degree, did
not qualify for this placement. There was no consideration of age or race; the regular OCSB policy and collective bargaining agreement procedures were applied.
No one offered Ms. Sims a clerical position or other non-instructional position; she was told she could apply for another position on her own. Elaine Manfriede, the white
employee who Ms. Sims claims was retained, found a clerical position on her own. Ms. Manfriede's occupational specialist position was eliminated.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction in this proceeding pursuant to Sections 120.569, 120.57(1), and 760.11, Florida Statutes.
Section 760.10(1)(a), Florida Statutes, provides that it is an unlawful employment practice for an employer to discharge or otherwise discriminate against an individual with respect to terms or conditions of employment because of the individual's race, age, and other characteristics.
Ms. Sims has the burden of proving the discrimination which she has alleged. Department of Corrections v. Chandler, 582 So. 2d 1183 (Fla. 1st DCA 1991).
Ms. Sims sincerely believes that she was wronged by the OCSB when it terminated her position and failed to provide other employment for the few months she had left before her planned
December retirement. OCSB staff concede that they did not assist Ms. Sims in finding other employment, but there is no evidence whatsoever that she was treated any differently than other employees, white or younger, in the reduction in force procedures. Ms. Sims' termination was the result of that reduction in force and not the result of discrimination. There is no evidence, other than conjecture by Ms. Sims, that the procedures were not followed properly or that they were applied to discriminate on account of race or age.
There is no jurisdiction to grant relief for pain and suffering in an administrative proceeding under Section 760.11(6), Florida Statutes.
Based on the foregoing, it is recommended that the Florida Commission on Human Relations enter its final order dismissing Ada J. Sims' charge of discrimination and Petition for Relief.
DONE AND ENTERED this 12th day of October, 1998, in Tallahassee, Leon County, Florida.
MARY CLARK
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675 SUNCOM 278-9675
Fax Filing (850) 921-6847
Filed with the Clerk of the Division of Administrative Hearings this 12th day of October, 1998.
COPIES FURNISHED:
Sharon Moultry, Clerk Human Relations Commission Building F, Suite 240
325 John Knox Road Tallahassee, Florida 32303
Ronald Blocker
Orange County School Board Post Office Box 271 Orlando, Florida 32802
Ada Sims
1601 Crooms Avenue
Orlando, Florida 32805
Frank C. Kruppenbacker, Esquire Post Office Box 3471
Orlando, Florida 32801-3471
Dr. Donald Shaw, Orange County Superintendent of Schools
Post Office Box 271
445 West Amelia Street Orlando, Florida 33802-0271
NOTICE OF RIGHT TO SUBMIT EXCEPTIONS
All parties have the right to submit written exceptions within 15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the final order in this case.
Issue Date | Proceedings |
---|---|
Jun. 18, 1999 | Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed. |
Oct. 12, 1998 | Recommended Order sent out. CASE CLOSED. Hearing held 09/10/98. |
Sep. 17, 1998 | Letter to Judge M. Clark from A. Sims Re: "No casuse determination" filed. |
Sep. 10, 1998 | CASE STATUS: Hearing Held. |
Sep. 04, 1998 | Joint Prehearing Statement (filed via facsimile). |
Sep. 02, 1998 | (A. Sims) Information given to F. Kruppenbacher at hearing on 8/26/98 filed. |
Jul. 10, 1998 | Letter to Judge M. Clark from A. Sims Re: Special accommodations needed for hearing filed. |
Jun. 29, 1998 | Petitioner`s Response to Initial Order filed. |
Jun. 17, 1998 | Respondent`s Response to Initial Order (filed via facsimile). |
Jun. 12, 1998 | Notice of Hearing sent out. (hearing set for 9/10/98; 9:30am; Orlando) |
Jun. 12, 1998 | Order for Prehearing Conference sent out. |
Jun. 05, 1998 | (Respondent) Answer and Affirmative Defenses to the Petition for Relief (filed via facsimile). |
May 28, 1998 | (Petitioner) Correspondence and information relative to hearing filed. |
May 21, 1998 | Initial Order issued. |
May 18, 1998 | Transmittal of Petition; Complaint; Petition For Relief; Notice of Determination: No Cause; Determination: No Cause; Notice To Respondent Of Filing Of Petition For Relief From And Unlawful Employment Practice filed. |
Issue Date | Document | Summary |
---|---|---|
Jun. 16, 1999 | Agency Final Order | |
Oct. 12, 1998 | Recommended Order | No discrimination when all occupational specialist employees without a college degree were laid off, both white and African American, young and old. |