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BASHAWN BROOKS vs SUNTRUST BANK, 13-002711 (2013)

Court: Division of Administrative Hearings, Florida Number: 13-002711 Visitors: 9
Petitioner: BASHAWN BROOKS
Respondent: SUNTRUST BANK
Judges: SUZANNE VAN WYK
Agency: Commissions
Locations: Ocala, Florida
Filed: Jul. 18, 2013
Status: Closed
Recommended Order on Tuesday, March 4, 2014.

Latest Update: May 21, 2014
Summary: Whether Petitioner was subject to an unlawful employment practice by Respondent, SunTrust Bank, on account of her race, in violation of section 760.10, Florida Statutes.Petitioner did not prove by a preponderance of the evidence that Respondent discriminated against her on account of her race in denying her a promotion. Petitioner did not prove that Respondent's non-discriminatory reasons were pretext.
TempHtml


STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


BASHAWN BROOKS, EEOC Case No. 15D201200388


Petitioner, FCHR Case No. 2012-01607


v. DOAH Case No. 13-2711


SUNTRUST BANK, FCHR Order No. 14-016


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Bashawn Brooks filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2011), alleging that Respondent SunTrust Bank committed unlawful employment practices on the bases of Petitioner’s race (African-American) and color (Black) by failing to promote Petitioner.

The allegations set forth in the complaint were investigated, and, on July 1, 2013, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Ocala, Florida, on September 27 and November 7, 2013, before Administrative Law Judge Suzanne Van Wyk.

Judge Van Wyk issued a Recommended Order of dismissal, dated March 4, 2014.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.


Findings of Fact


We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge’s findings of fact.


Filed May 21, 2014 11:02 AM Division of Administrative Hearings


Conclusions of Law


We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge’s conclusions of law.


Exceptions


Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.


Dismissal


The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review of this Order. The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.


DONE AND ORDERED this 21th day of May , 2014. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Mario M. Valle, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Onelia Fajardo-Garcia


Filed this 21th day of May , 2014, in Tallahassee, Florida.


/s/ Violet Crawford, Clerk

Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082


Copies furnished to:


Bashawn Brooks 87 Pine Course

Ocala, FL 34472


SunTrust Bank

c/o David A. Young, Esq. c/o Caryn Shaw, Esq.

Fisher & Phillips, LLP

200 South Orange Avenue, Suite 1100

Orlando, FL 32801


Suzanne Van Wyk, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel


I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 21th day of May , 2014.


By: /s/ Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 13-002711
Issue Date Proceedings
May 21, 2014 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Mar. 04, 2014 Recommended Order (hearing held September 27 and November 7, 2013). CASE CLOSED.
Mar. 04, 2014 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jan. 10, 2014 Respondent's Proposed Findings of Fact and Brief in Support for Proposed Recommended Order filed.
Jan. 10, 2014 (Petitioner`s) Proposed Recommended Order filed.
Dec. 20, 2013 Order Granting Extension of Time.
Dec. 19, 2013 Joint Agreed Motion to Extend Deadline to File Post-hearing Briefs filed.
Dec. 16, 2013 Transcript Volume II (not available for viewing) filed.
Nov. 07, 2013 CASE STATUS: Hearing Held.
Nov. 05, 2013 Respondent's Notice of Intent to Order Transcripts filed.
Oct. 30, 2013 Transcript Volume I (not available for viewing) filed.
Oct. 08, 2013 Notice of Hearing (hearing set for November 7, 2013; 9:00 a.m.; Ocala, FL).
Sep. 27, 2013 CASE STATUS: Hearing Partially Held; continued to October 29, 2013; 9:00 a.m.; Ocala, FL.
Sep. 25, 2013 Respondent's Amended Witness List filed.
Sep. 25, 2013 Respondent's Notice of Intent to Order Transcripts filed.
Sep. 24, 2013 Court Reporter Notice filed.
Sep. 24, 2013 Petitioner Witness List filed.
Sep. 24, 2013 Amended Notice of Hearing (hearing set for September 27, 2013; 10:00 a.m.; Ocala, FL; amended as to TIME).
Sep. 20, 2013 Respondent's Witness List filed.
Aug. 01, 2013 Court Reporter Notice filed.
Aug. 01, 2013 Order of Pre-hearing Instructions.
Aug. 01, 2013 Notice of Hearing (hearing set for September 27, 2013; 9:00 a.m.; Ocala, FL).
Jul. 26, 2013 Notice of Appearance (Caryn Shaw) filed.
Jul. 26, 2013 Respondent's Response to Initial Order filed.
Jul. 26, 2013 Notice of Appearance (David Young) filed.
Jul. 19, 2013 Initial Order.
Jul. 18, 2013 Charge of Discrimination filed.
Jul. 18, 2013 Notice of Determination: No Cause filed.
Jul. 18, 2013 Determination: No Cause filed.
Jul. 18, 2013 Petition for Relief filed.
Jul. 18, 2013 Transmittal of Petition filed by the Agency.

Orders for Case No: 13-002711
Issue Date Document Summary
May 21, 2014 Agency Final Order
Mar. 04, 2014 Recommended Order Petitioner did not prove by a preponderance of the evidence that Respondent discriminated against her on account of her race in denying her a promotion. Petitioner did not prove that Respondent's non-discriminatory reasons were pretext.
Source:  Florida - Division of Administrative Hearings

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