The Issue The issue for determination is whether Petitioner was subjected to employment discrimination by the Department of Health (Respondent), due to Petitioner's age in violation of Section 760.10, Florida Statutes.
Findings Of Fact Julie A. Philippart (Petitioner) was born May 12, 1956. Respondent is an agency of the State of Florida with a medical laboratory located in Pensacola, Florida. The director of the laboratory is Dr. John Parker, age When the position of Medical Laboratory Scientist II needed to be filled, Parker delegated responsibility for screening applicants and determining the best applicant to be hired to Dr. Leah Gillis, age 51. Gillis, proceeded with Parker’s approval, to enlist two other fellow employees, Beverly Butler, age 62, and Bill Nakashima, to assist in the interviewing and screening of applicants. Following advertisement of the vacancy and receipt of applications, six of the applicants were selected for an interview. While a step in the process, the subsequent interviews were not completely determinative of which applicant was the best. Petitioner was one of the six applicants interviewed. Gillis and Nakashima interviewed Petitioner. After the initial interviews, Petitioner was considered the primary candidate. Since Petitioner had previously worked in the laboratory during the period 1994-1998, Gillis checked with Parker and Butler about Petitioner’s prior work experience. Further, Butler checked past lab records for work that Petitioner may have performed. As a result of her consultations with Parker and Butler, Gillis developed concerns that Petitioner’s experience and background might not be as ideal as indicated by the interview. Particularly, Butler had expressed concern that Petitioner did not have a hematology license, which was needed in the lab following the resignation of another employee whose licensure in that area previously covered this need for the lab. While still considering Petitioner as an applicant, Gillis resolved to interview other candidates. Through Butler, contact was made with Virginia Winchester, age 50, regarding the position. Winchester had the appropriate hematology license and experience for the position. But, when Winchester was advised that she should get vaccinations for rabies and hepatitis to work in the position, she consulted with her physician and withdrew her application. Stephanie Bubien was another applicant considered for the position. She had the appropriate license and experience, but, because her current employer increased her salary, withdrew her application following offer of the position. Linda Boutwell, personnel liaison for the lab and Star Metcalfe, assistant human resource director, located in Jacksonville and Tallahassee, Florida, respectively, advised Gillis to re-advertise the position. Gillis re-advertised the position. Of six additional applicants for the position, two were granted interviews. Patricia Jones was called in for a second interview. Jones, like Petitioner, is over age 40 and is less than two years younger than Petitioner. Jones had the preferred hematology license and 16 years of “bench” or actual experience. Jones was offered and accepted the position. Age was not a criterion for the position and was not considered in the hiring decision.
Recommendation 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 4th day of January, 2005, in Tallahassee, Leon County, Florida. S 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 4th day of January, 2005. COPIES FURNISHED: Julie A. Philippart 303 Washington Avenue Gulf Breeze, Florida 32561 Stephen W. Foxwell, Esquire Department of Health 4052 Bald Cypress Way, Bin A02 Tallahassee, Florida 32399-1703 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32303-4149 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32303-4149
The Issue At issue herein is whether or not the Respondent has engaged in conduct violative of Section 459.14(2)(a), Florida Statutes. 1/
Findings Of Fact Based upon the testimony adduced at the hearing and the entire record compiled herein, the following relevant facts are found. Pursuant to an Administrative Complaint filed herein dated July 8, 1978, the Florida State Board of Osteopathic Medical Examiners, herein sometimes referred to as the Board, seeks to discipline the Respondent/Licensee, Albert Jack Berg, based upon an Order of Summary Suspension entered against Respondent's Michigan Osteopathic license on February 16, 1977. The basis for the summary suspension in Michigan was a charge that Respondent had engaged in the unlawful sale and delivery of a controlled substance. Respondent was noticed of a hearing which was convened on May 9, 1978, to consider the allegations of the alleged unlawful delivery of the controlled substance. On July 10, 1978, a Final Order of Revocation was entered by the Board of Osteopathic Medicine and Surgery of Michigan, revoking Respondent's license to practice osteopathic medicine and surgery in Michigan. 2/ Respondent did not contest, at the hearing, the material allegations of the Administrative Complaint, but rather, offered mitigating evidence. In this regard, the evidence reveals that the Respondent has been licensed in Michigan since approximately July of 1961 and has been licensed in Florida since approximately 1972 (License No. 3460). In relating the circumstances surrounding his arrest in Michigan in February of 1977, Respondent avers that he was under tremendous emotional strain due to a divorce and that resultant pressures brought about from being a father of four children whose wife threatened suicide and being left with the task of rearing children alone. He related that he was undergoing parental pressure to remarry his wife and that he carried an excessive overload in his office practice. Respondent delivered several thousand Amphetamine tablets to an undercover agent in Michigan. The Amphetamine tablets had been in Respondent's possession for more than seven years and a laboratory analysis revealed that they contained ten percent (10 percent) of the Amphetamine content found in a commercially sold Amphetamine tablet. For his conviction in the State of Michigan, Respondent was initially sentenced for a period of two years, which sentence was later reduced to six months in jail, and he was thereafter released during the day hours to serve in a community guidance center under the supervision of a Dr. Richard M. Brown of Michigan. As evidence by the letter of recommendation from Doctor Brown, Respondent worked in ghetto areas of Detroit, Michigan, treating in excess of one hundred patients on a weekly basis for a period of approximately five months. Respondent has been under the care of a psychiatrist since approximately August of 1977, where he has been placed on a high protein diet with a reduced work load. Respondent presently attends "How To Control Your Life" seminars and is presently doing "pro bono publico" work for agricultural referral centers. Respondent purchased a degree from a school in Louisiana that issued medical doctor (M.D.) degrees to persons such as himself. He was motivated to purchase the degree based on instructions from a publisher who was interested in contracting to publish a book that Respondent was then writing. Respondent wrote a letter to the American Cancer Society withdrawing the "M.D." designation from his title. (Respondent's Exhibit 1.) If allowed to continue practice in Florida, Respondent intends to maintain a "ghetto" practice in order to provide medical services to the disadvantaged and those unable to pay the usual fee for such services. Respondent related that he did what sick physicians normally do; that is, turn to (1) drugs, (2) alcohol or (3) suicide. Respondent referred to an article published by the American Medical Association entitled, "The Sick Physician", dated February 5, 1973. (Respondent's Exhibit 2.) An examination of the pre-sentence memoranda submitted by Respondent to the Michigan authorities reveals that he has accounted for the mistakes and problems that he encountered in the State of Michigan during early 1977 and based on such memoranda, it is obvious that he recognized that a mistake was made and curative efforts have been taken (by Respondent) to rehabilitate himself. (Respondent's Composite Exhibit 3.)
Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby RECOMMENDED: That the Respondent be placed on probation in the State of Florida for a period of two (2) years. During the above two-year period of probation, it is RECOMMENDED that the Respondent be directed to engage only in the performance of medical services in a community service organization, with semi-monthly reporting requirements in a manner prescribed by the Board to its agents. RECOMMENDED this 21st day of July, 1980, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings 101 Collins Building Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 21st day of July, 1980.
Recommendation Based on the foregoing findings of fact and conclusions of law, it is recommended that the Board of Medical Examiners enter a final order dismissing the charges against Dr. Santos on the merits and with prejudice. DONE and ENTERED this 30th day of March 1984, in Tallahassee, Leon County, Florida. J. LAWRENCE JOHNSTON Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32399-1550 (904) 488-9675 FILED with the Clerk of the Division of Administrative Hearings this 30th day of March 1984.
