STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CARLOTTRA GUYTON-SLAYTON, )

)

Petitioner, )

)

vs. ) Case No. 00-2655

)

OFFICE OF AUDITOR GENERAL,1 )

)

Respondent. )

_________________________________)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings held a formal hearing in this cause before Administrative Law Judge, Don W. Davis, in Jacksonville, Florida, on January 24, 2001. The following appearances were entered:

For Petitioner: Carlottra Guyton-Slayton, pro se 1545 Boulevard

Jacksonville, Florida 32206

For Respondent: D. David Sessions, Esquire

Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489

STATEMENT OF THE ISSUE

The issue for determination is whether Petitioner was subjected to a hostile work environment condoned by Respondent due to Petitioner's race and sex in violation of Section 760.10(1), Florida Statutes.

PRELIMINARY STATEMENT

Petitioner filed a Complaint against Respondent with the Florida Commission on Human Relations on January 28, 1999, alleging race and sex discrimination.

On or about February 18, 2000, the Florida Commission on Human Relations issued its determination: No Cause.

On or about March 31, 2000, Petitioner filed a Petition for Relief with the Florida Commission on Human Relations.

Subsequently, on or about June 29, 2000, the case was forwarded to the Division of Administrative Hearings for formal proceedings.

During the hearing the following exhibits were admitted into evidence: Petitioner's Composite Exhibits 1, 2, 3, and

1. Petitioner presented the testimony of eight witnesses.

   
   

   Respondent presented the testimony of two witnesses. No transcript of the proceedings was provided.

   The parties requested and were granted leave to file proposed recommended orders more than 10 days from conclusion of the final hearing. Both Petitioner and Respondent filed Proposed Recommended Orders which have been reviewed and considered in the preparation of this Recommended Order.

   FINDINGS OF FACT

   
   

   1. Petitioner was previously employed by the Auditor General, Division of Public Assistance Fraud. That program, along with Petitioner, co-workers, and the persons in her chain of command, were later legislatively transferred to the Florida Department of Law Enforcement.

   2. On January 28, 1999, Petitioner filed a complaint of Discrimination with the Florida Commission on Human Relations (FCHR), alleging that the State of Florida, Office of the Auditor General discriminated against Petitioner in violation of the Florida Civil Rights Act of 1992, Sections 760.01- 760.11, Florida Statutes (1999). Allegedly, the discrimination was based on Petitioner's race (African- American) and sex (female). Petitioner claimed that Respondent's actions created a hostile work environment as a consequence of her race and/or sex.

   3. Petitioner has not been demoted, reassigned, or terminated by her employer.

   4. Petitioner complained of certain events that occurred in 1994 regarding the assignment of particular cases. She alleged that she was not being fairly treated in the assignment of pending cases. These events, which occurred in 1994, are time-barred from further consideration by virtue of

      Section 760.11(1), Florida Statutes, which requires filing of a complaint within 365 days of occurrence of an alleged violation.

   5. On one occasion on an unspecified date during her employment, a co-worker asked Petitioner whether her ponytail was real.

   6. On March 11, 1998, Regional Supervisor William Martin, a white male, typed a memorandum for Petitioner. The memorandum was precipitated by a conference between Petitioner and her immediate supervisor in which procedures regarding work hours, breaks, and lunch hours were discussed.

      Petitioner was told in the course of the conference that some staff members perceived Petitioner as "not playing by the rules." Petitioner responded through the memorandum typed by Martin. The memorandum set forth Petitioner's complaints concerning her work situation, inclusive of her observation that others were committing the same violations of policy of which she was accused with no repercussions occurring to them. Petitioner had the opportunity to review a draft of the memorandum and made corrections to the draft. Petitioner then signed the final version of the memorandum, which included Petitioner's express declination to pursue the matter further, stating that she "wanted my personal concerns and feelings on

      record." Nowhere in the memorandum does Petitioner allege that she has been treated differently on the basis of her race or her sex.

   7. There are two supervisors in Respondent's Jacksonville, Florida, office. Petitioner’s immediate supervisor is Laverne McKinney, an African-American female. The other supervisor in the Jacksonville office is Stan Stephens, a white male. The relationship between Stan Stephens and Petitioner is strained. The strained relationship is not due to racial or sexual discrimination.

   8. On one occasion during Petitioner's employment, Stan Stephens asked Laverne McKinney to instruct Petitioner to let him know when Petitioner would not be available to work until 5:00 p.m., so that the office could be properly manned until that time. The request followed an incident when Stephens, who usually leaves the office at 4:30 p.m., was unable to find someone to mind the office when he left. Unknown to Stephens, Petitioner had left early to perform official business for Respondent.

   9. On another occasion during Petitioner's employment, while Laverne McKinney was the designated "Acting Regional Supervisor," Stan Stephens called William Martin, a former supervisor at the time, on a travel issue regarding

      Petitioner. Martin was working in Respondent's Miami, Florida, office at the time and McKinney was away from the Jacksonville Office.

      CONCLUSIONS OF LAW

      
      

   10. The Division of Administrative Hearings has jurisdiction over the parties to, and the subject matter of, these proceedings.

   11. Chapter 760, Florida Statutes, the "Florida Civil Rights Act of 1992," provides security from discrimination based upon race, color, religion, sex, national origin, age, handicap, or marital status.

   12. The adverse effectuation of an employee’s compensation, conditions and privileges of employment on the basis of race or sex is an unlawful employment practice.

   13. The burden of proof rests with Petitioner to show a prima facie case of employment discrimination. After such a showing by Petitioner, the burden shifts to Respondent to articulate a nondiscriminatory reason for the [adverse action]. If Respondent is successful and provides such a reason, the burden shifts again to Petitioner to show that the proffered reason for [adverse action] is pre-textual. School Board of Leon County v. Hargis, 400 So. 2d 103 (Fla. 1st DCA 1981).

   14. None of the testimony and other evidence produced by Petitioner, taken as true, could be construed to establish a prima facie case of racial or sexual harassment by employees or supervisors of Respondent.

   15. Petitioner failed to offer any credible evidence that she was subjected to a hostile work environment based on race or sex.

   16. In this case, Petitioner has not shown a prima facie case of employment discrimination.

RECOMMENDATIONS

Based on the foregoing Findings of Fact and Conclusions of Law it is

RECOMMENDED:

That a Final Order be entered dismissing the Petition for Relief.

DONE AND ENTERED this 13th day of February, 2001, in Tallahassee, Leon County, Florida.

___________________________________ DON W. DAVIS

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 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 13th day of February, 2001.

ENDNOTE

1/ While Respondent is denominated as the Officer of the Auditor General, it should be noted that since the instigation of this action by Petitioner, Respondent's program, Petitioner, and Petitioner's allegedly offending co-workers have been transferred legislatively to the Florida Department of Law Enforcement (FDLE). That agency acted on behalf of Respondent in this proceeding.

COPIES FURNISHED:

Carlottra Guyton-Slayton 1545 Boulevard

Jacksonville, Florida 32206

D. David Sessions, Esquire Department of Law Enforcement Post Office Box 1489 Tallahassee, Florida 32302-1489

Azizi Coleman, Agency Clerk

Florida Commission on Human Relations

325 John Knox Road Building F, Suite 240

Tallahassee, Florida 32303-4149

Dana A. Baird, General Counsel Florida Commission on Human Relations

325 John Knox Road Building F, Suite 240

Tallahassee, Florida 32303-4149

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.

Docket for Case No: 00-002655

Orders for Case No: 00-002655