Elawyers Elawyers
Washington| Change

CLAUDIA S. WILLIAMS vs ESCAMBIA COUNTY SCHOOL DISTRICT, 16-003461 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-003461 Visitors: 5
Petitioner: CLAUDIA S. WILLIAMS
Respondent: ESCAMBIA COUNTY SCHOOL DISTRICT
Judges: JAMES H. PETERSON, III
Agency: Florida Commission on Human Relations
Locations: Pensacola, Florida
Filed: Jun. 21, 2016
Status: Closed
Recommended Order on Tuesday, January 31, 2017.

Latest Update: Apr. 21, 2017
Summary: Whether Respondent, Escambia County School District (Respondent, School District, or School Board), violated the Florida Civil Rights Act of 1992, sections 760.01–760.11 and 509.092, Florida Statutes,1/ by discriminating against Petitioner, Claudia Williams (Petitioner), based upon Petitioner’s race, age, or in retaliation for her participation in protected activity.Petitioner failed to prove employment discrimination based on race, age, or retaliation.
TempHtml


STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


CLAUDIA S. WILLIAMS, EEOC Case No. NONE


Petitioner, FCHR Case No.


v. DOAH No. 16-3461

ESCAMBIA COUNTY SCHOOL DISTRICT, FCHR Order No.


Respondent.

/


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E


Preliminary Matters


Petitioner Claudia S. Williams filed a complaint of discrimination pursuant to the Florida Civil Rights Act of Sections 760.01 - Florida Statutes

alleging that Respondent Escambia County School District committed unlawful employment practices on the bases of Petitioner's race (African American) and age (DOB: 5-29-56), and on the basis of retaliation, by failing to promote Petitioner to positions for which she had applied.

The allegations set forth in the complaint were investigated, and, on May

the Executive Director issued a detemiination 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 Pensacola, Florida, on October 28, before Administrative Law Judge James H. Peterson,

Judge Peterson issued a Recommended Order of dismissal, dated January 31,

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 April 21, 2017 8:00 AM Division of Administrative Hearings


FCHR Order No. 17-029

Page 2


Conclusions of Law


We 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 Florida Statutes, and in the Florida Rules of

Procedure


DONE AND ORDERED this day of , 2017. FOR THE FLORIDA COMMISSION ON RELATIONS:


Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Jay Pichard


Filed day of 2017, in Tallahassee, Florida.


Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399


FCHR Order No.

3


Copies furnished to:


Claudia S. Williams c/o Jamison Jessup

2955 Enterprise Road, Ste. B DeBary, FL 32713


Escambia County School District c/o Joseph L. Hammons, Esq.

The Hammons Law Firm, West Cervantes Street

Pensacola, FL 32501


James H. Peterson, III, 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


By:

Clerk of the

Florida Commission on Human Relations


Docket for Case No: 16-003461
Issue Date Proceedings
Apr. 21, 2017 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Jan. 31, 2017 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jan. 31, 2017 Recommended Order (hearing held October 28, 2016). CASE CLOSED.
Jan. 06, 2017 (Proposed) Recommended Order filed.
Dec. 07, 2016 Transcript of Proceedings (not available for viewing) filed.
Oct. 31, 2016 Notice of Filing Post-hearing Submission filed.
Oct. 28, 2016 CASE STATUS: Hearing Held.
Oct. 27, 2016 Court Reporter Scheduled filed.
Oct. 24, 2016 Notice of New Address for Jamison Jessup filed.
Oct. 18, 2016 Prehearing Stipulation filed.
Aug. 08, 2016 Order Re-scheduling Hearing (hearing set for October 28, 2016; 9:00 a.m., Central Time; Pensacola, FL).
Aug. 04, 2016 Notice of Available Hearing Dates filed.
Aug. 03, 2016 Notice of Service of Respondent's Answers to Amended Petitioner's Interrogatories filed.
Jul. 28, 2016 Order Granting Continuance (parties to advise status by August 8, 2016).
Jul. 27, 2016 Unopposed Motion to Continue and Reschedule Hearing filed.
Jul. 15, 2016 Amended Notice of Service of Petitioner's Interrogatories and Request for Production to Respondent filed.
Jul. 15, 2016 Notice of Service of Petitioner's Interrogatories and Request for Production to Respondent filed.
Jul. 15, 2016 Order Accepting Qualified Representative.
Jul. 14, 2016 Notice of Service of Respondent's First Interrogatories and First Request for Production filed.
Jul. 14, 2016 Petitioner's Unopposed Motion to Recognize Jamison Jessup as Petitioner's Qualified Representative filed.
Jul. 14, 2016 Notice of Appearance (Jamisson Jessup) filed.
Jul. 01, 2016 Order of Pre-hearing Instructions.
Jul. 01, 2016 Notice of Hearing (hearing set for August 17, 2016; 9:00 a.m., Central Time; Pensacola, FL).
Jun. 28, 2016 Response to Initial Order filed.
Jun. 28, 2016 Notice of Appearance (Joseph Hammons) filed.
Jun. 21, 2016 Initial Order.
Jun. 21, 2016 Employment Charge of Discrimination filed.
Jun. 21, 2016 Notice of Determination: No Reasonable Cause filed.
Jun. 21, 2016 Determination: No Reasonable Cause filed.
Jun. 21, 2016 Petition for Relief filed.
Jun. 21, 2016 Request for Administrative Hearing filed.
Jun. 21, 2016 Transmittal of Petition filed by the Agency.

Orders for Case No: 16-003461
Issue Date Document Summary
Apr. 20, 2017 Agency Final Order
Jan. 31, 2017 Recommended Order Petitioner failed to prove employment discrimination based on race, age, or retaliation.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer