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CATRINA SORIANO vs WALMART STORES, 07-003029 (2007)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Jul. 05, 2007 Number: 07-003029 Latest Update: Nov. 09, 2007

The Issue Whether Respondent Employer is guilty of an unlawful employment practice against Petitioner Employee.

Findings Of Fact On or about November 17, 2006, Petitioner filed an Employment Complaint of Discrimination (formerly known as a "Charge of Discrimination") on the basis of disability/handicap and national origin with the Florida Commission on Human Relations. On June 15, 2007, the Commission entered a Determination: No Cause. On or about July 2, 2007, Petitioner filed a Petition for Relief with the Commission. On or about July 5, 2007, this case was referred by the Commission to the Division of Administrative Hearings. On July 18, 2007, a telephonic conference was held to schedule a final disputed-fact hearing date. The hearing date agreed upon was October 1, 2007, and a Notice of Hearing and Order of Pre-hearing Instructions issued on July 18, 2007. Neither party complied with the Order of Pre-hearing Instructions. At the time noticed for October 1, 2007, Respondent appeared for hearing. In the Joint Response to Initial Order, filed July 16, 2007, and in a subsequent Motion filed September 26, 2007, Respondent referred to itself as "Wal-Mart Stores, East L.P. (incorrectly referred-to in the caption as Wal-Mart Stores)," but made no motion to correct the style of this cause. Respondent acknowledged in its pleadings, and its counsel acknowledged orally at hearing, that it was the appropriate Respondent in this cause, regardless of the case's style. After waiting 30 minutes, Petitioner still had not appeared for hearing. The undersigned made diligent inquiry to ensure that Respondent had done nothing to discourage Petitioner from appearing, and closed the hearing.

Recommendation Based on the foregoing Findings of Facts and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a final order dismissing the Employment Complaint of Discrimination and a Petition for Relief. DONE AND ENTERED this 3rd day of October, 2007, in Tallahassee, Leon County, Florida. S ___ ELLA JANE P. 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 3rd day of October, 2007. COPIES FURNISHED: Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Amy Harrison, Esquire Lindsay A. Connor, Esquire Ford & Harrison 225 Water Street, Suite 710 Jacksonville, Florida 32202 Catrina Soriano 1826 Nekoma Court Tallahassee, Florida 32304

Florida Laws (1) 120.57
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JOHN P. FINN vs CITY OF HOLLY HILL, 99-002864 (1999)
Division of Administrative Hearings, Florida Filed:Daytona Beach, Florida Jun. 30, 1999 Number: 99-002864 Latest Update: Feb. 23, 2001

The Issue The issue is whether Petitioner's Charge of Discrimination should be dismissed as untimely pursuant to Section 760.11, Florida Statutes.

Findings Of Fact Petitioner's Charge of Discrimination dated June 2, 1998, alleges that Respondent discriminated against him because of his age and in retaliation for opposing illegal behavior. FCHR received the Charge of Discrimination on June 18, 1998. For purposes of this Recommended Order of Dismissal, it is assumed that the Charge of Discrimination was timely filed with FCHR. As of December 15, 1998, 180 days after Petitioner filed his Charge of Discrimination, FCHR had not assigned an investigator to investigate Petitioner's complaint or taken any other action related to the complaint. As of January 19, 1999, 35 days after December 15, 1998, Petitioner had not requested an administrative hearing. By letter dated June 2, 1999, Petitioner requested FCHR to forward his complaint to the Division of Administrative Hearings. FCHR received the request for an administrative hearing on June 7, 1999. This request was filed 354 days after June 18, 1998, 174 days after December 15, 1998, and 139 days after January 19, 1999. Petitioner does not argue or present any facts to support a finding that the doctrines of equitable tolling or excusable neglect apply in this case.

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

Florida Laws (6) 120.569120.57509.092760.01760.10760.11
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ELIZABETH RUBEIS vs FRSA SERVICES CORPORATION, 92-000356 (1992)
Division of Administrative Hearings, Florida Filed:Orlando, Florida Jan. 17, 1992 Number: 92-000356 Latest Update: Mar. 10, 1994

The Issue The central issue in this case is whether Petitioner's employment with the Respondent was terminated in violation of Chapter 760, Florida Statutes.

Findings Of Fact Based upon the documentary evidence received at the hearing, the following findings of fact are made: At all times material to the allegations of this case, Petitioner was an employee of FRSA. On or about September 26, 1989, Petitioner's employment with FRSA was terminated and the charges of discrimination were filed. Prior to termination, Petitioner's work performance with the company had been acceptable. In fact, for the performance review issued on January 31, 1989, Petitioner received a superior rating in eight of the eleven categories, a good rating in two categories, and an outstanding rating in one category. At the time of her termination with FRSA, Petitioner earned an annual salary of $35,000. Petitioner claims a total of $83,568 for the lost wages and benefits resulting from her termination with FRSA. At the time of her termination, Petitioner was pregnant.

Recommendation Based on the foregoing, it is RECOMMENDED: That the Florida Commission on Human Relations enter a final order dismissing the charge of discrimination filed by the Petitioner in this cause against the Respondent. DONE and ENTERED this 4th day of September, 1992, in Tallahassee, Leon County, Florida. JOYOUS D. PARRISH Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32301 (904)488-9675 COPIES FURNISHED: Elizabeth Rubeis Reno Rubeis 4350 Wyndcliff Circle Orlando, Florida 32817 Susan McKenna Garwood & McKenna, P.A. 322 East Pine Street Orlando, Florida 32801 Filed with the Clerk of the Division of Administrative Hearings this 4th day of September, 1992. Dana Baird, General Counsel Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1570 Margaret Jones, Clerk Human Relations Commission 325 John Knox Road Building F, Suite 240 Tallahassee, Florida 32399-1570

Florida Laws (1) 760.10
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WILLY FILS LOUIS-CHARLES vs MIAMI SCIENCE MUSEUM, 10-009206 (2010)
Division of Administrative Hearings, Florida Filed:Miami, Florida Sep. 20, 2010 Number: 10-009206 Latest Update: Mar. 03, 2011

The Issue The issue in this case is whether Petitioner timely filed a complaint of discrimination in accordance with the provisions of Chapter 760, Florida Statutes (2010).

Findings Of Fact At the hearing, the parties stipulated to the facts numbered 1-4, as follows: Petitioner was terminated from his employment with Respondent on March 13, 2009. Petitioner's deadline for filing his complaint with the Florida Commission on Human Relations (FCHR) was March 14, 2010. Petitioner emailed a Technical Assistance Questionnaire to the FCHR on February 18, 2010. Petitioner signed an Employment Complaint of Discrimination and dated it March 24, 2010. In addition to the stipulated facts, the undersigned noted that the Complaint is stamped received by the FCHR at 10:48 a.m. on March 25, 2010.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED that the Florida Commission on Human Relations enter a Final Order dismissing the Petitioner's claim of discrimination. DONE AND ENTERED this 10th day of December, 2010, in Tallahassee, Leon County, Florida. S ELEANOR M. HUNTER Administrative Law Judge Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 Fax Filing (850) 921-6847 www.doah.state.fl.us Filed with the Clerk of the Division of Administrative Hearings this 10th day of December, 2010. COPIES FURNISHED: Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Lacey Hofmeyer, Esquire Danielle Garno, Esquire Greenberg Traurig 1221 Brickell Avenue Miami, Florida 33131 James Jean-Francois, Esquire Law Offices of James Jean-Francois, PA 6100 Hollywood Boulevard, Suite 211 Hollywood, Florida 33024

Florida Laws (4) 120.569120.57120.68760.11 Florida Administrative Code (1) 60Y-5.001
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LATRICIA W. DUKES vs RUSHLAKE HOTELS U.S.A., INC., D/B/A DELTA HOTEL, 89-005595 (1989)
Division of Administrative Hearings, Florida Filed:Orlando, Florida Oct. 13, 1989 Number: 89-005595 Latest Update: Mar. 16, 1990

The Issue The issue in this case is whether Respondent is guilty of discriminating in employment against Petitioner on the basis of her race.

Findings Of Fact Respondent hired Petitioner, who is black, as an inspectress on April 11, 1988. An inspectress supervises the work of maids, who are responsible for cleaning the hotel rooms. On July 3, 1988, the housekeeper, Mr. Douglas Knight, who supervised Petitioner, informed her that, due to an excess of personnel, she was no longer needed as an inspectress. He offered her a position as a maid. The record does not reveal whether the change in duties would have resulted in less pay. Petitioner apparently declined the position. When she did so, Respondent terminated her. Although Respondent had received no warnings concerning unsatisfactory job performance, the work of the maids had clearly been unsatisfactory up to the time of her offered reassignment. The white woman who allegedly replaced Petitioner as an inspectress was Mrs. Triplett, who was married to the head maintenance manager of the hotel. Shortly after losing her job elsewhere, she was hired by Respondent around June 9, 1988, to replace the assistant housekeeper, who was on maternity leave until July 6, 1988. Mrs. Triplett was reassigned to the position of inspectress around June 18, 1988, and later promoted to housekeeper about two weeks after Petitioner's departure. Mr. Knight, who hired Mrs. Triplett, was friends with Mr. Triplett and later terminated for inefficiency in performing his work.

Recommendation Based on the foregoing, it is hereby RECOMMENDED that the Florida Commission on Human Relations enter a Final Order dismissing the Petition for Relief. DONE and ORDERED this 16th day of March, 1989, in Tallahassee, Florida. ROBERT D. MEALE Hearing Officer Division of Administrative Hearings The DeSoto Building 1230 Apalachee Parkway Tallahassee, FL 32399-1550 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 16th day of March, 1989. COPIES FURNISHED: Donald A. Griffin Executive Director Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, FL 32399-1925 Dana Baird General Counsel Commission Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, FL 32399-1925 Margaret Jones Clerk Commission on Human Relations 325 John Knox Road Building F, Suite 240 Tallahassee, FL 32399-1925 Latricia W. Dukes 4189 Tatum Street Orlando, FL 32811 Gale Brandy Ramada Main Gate Resort 2950 Reedy Creek Boulevard Kissimmee, FL 32741

Florida Laws (3) 120.57760.06760.10
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DONNA CONWAY vs VACATION BREAK, 01-003384 (2001)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Aug. 24, 2001 Number: 01-003384 Latest Update: Jan. 09, 2002

The Issue The issue is whether Respondent committed an unlawful employment act against Petitioner pursuant to Chapter 70 of the Pinellas County Code, as amended, and Title VII of the U.S. Civil Rights Act of 1964, as amended.

Findings Of Fact Petitioner, a black female, is a member of a protected group. Respondent is an employer as defined in the Pinellas County Code, as amended, and Title VII of the Civil Rights Act of 1964, as amended. Respondent hired Petitioner as a telemarketer on December 8, 1997. Petitioner's job required her to call the telephone numbers on a list furnished by Respondent. After making the call, Petitioner was supposed to solicit the booking of vacations in time-share rental units by reading from a script prepared by Respondent. The script included an offer to sell potential customers three vacations in three locations for $69. When Respondent hired Petitioner, she signed a copy of Respondent's "New Employee Policy and Procedures" manual. Petitioner admits that this manual required her to book 25 vacations each pay period after a two-week training period. She also admits that the manual required her to only use the prepared script, including preplanned rebuttals to customer questions when talking over the telephone. Petitioner understood that during the two-week training period, she would be required to book 14 vacations or be terminated. She knew that Respondent's supervisors would monitor her sales calls. Petitioner sold four vacation packages in her first week at work with no complaints from her supervisors. In fact, one of Respondent's supervisors known as Mike told Petitioner, "You got the juice." On December 15, 1997, Mike monitored one of Petitioner's calls. Petitioner admits that she did not use the scripted rebuttals in answering the customer's questions during the monitored call. Instead, she attempted to answer the customer's questions using her own words. According to Petitioner, she used "baby English" to explain the sales offer in simple terms that the customer could understand. After completing the monitored call on December 15, 1997, Mike told Petitioner to "stick to the shit on the script." Mike admonished Petitioner not to "candy coat it." Petitioner never heard Mike use profanity or curse words with any other employee. Before Petitioner went to work on December 16, 1997, she called a second supervisor known as Kelly. Kelly was the supervisor that originally hired Petitioner. During this call, Petitioner complained about Mike's use of profanity. When Kelly agreed to discuss Petitioner's complaint with Mike, Petitioner said she would talk to Mike herself. Petitioner went to work later on December 16, 1997. When she arrived, Mike confronted Petitioner about her complaint to Kelly. Petitioner advised Mike that she only objected to his language and hoped he was not mad at her. Mike responded, "I don't get mad, I get even." When Petitioner stood to stretch for the first time on December 16, 1997, Mike instructed her to sit down. Mike told Petitioner that he would get her some more leads. Mike also told Petitioner that she was "not the only telemarketer that had not sold a vacation package but that the other person had sixty years on her." Petitioner was aware that Respondent had fired an older native-American male known as Ray. Respondent hired Ray as a telemarketer after hiring Petitioner. When Petitioner was ready to leave work on December 17, 1997, a third supervisor known as Tom asked to speak to Petitioner. During this conversation, Tom told Petitioner that she was good on the telephone but that Respondent could not afford to keep her employed and had to let her go. Tom referred Petitioner to another company that trained telemarketers to take in-coming calls. Tom gave Petitioner her paycheck, telling her that he was doing her a favor. During Petitioner's employment with Respondent, she was the only black employee. However, apart from describing the older native American as a trainee telemarketer, Petitioner did not present any evidence as to the following: (a) whether there were other telemarketers who were members of an unprotected class; (b) whether Petitioner was replaced by a person outside the protected class; (c) whether Petitioner was discharged while other telemarketers from an unprotected class were not discharged for failing to follow the script or failing to book more than four vacations during the first ten days of employment; and (d) whether Petitioner was discharged while other telemarketers from an unprotected class with equal or less competence were retained. Petitioner was never late to work and never called in sick.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is RECOMMENDED: That the City's Human Relations Review Board enter a final order dismissing Petitioner's Complaint. DONE AND ENTERED this 16th day of November, 2001, in Tallahassee, Leon County, Florida. SUZANNE F. HOOD 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 16th day of November, 2001. COPIES FURNISHED: Bruce Boudreau Vacation Break 14020 Roosevelt Boulevard Suite 805 Clearwater, Florida 33762 Donna Conway 3156 Mount Zion Road No. 606 Stockbridge, Georgia 30281 William C. Falkner, Esquire Pinellas County Attorney's Office 315 Court Street Clearwater, Florida 33756 Stephanie Rugg, Hearing Clerk City of St. Petersburg Community Affairs Department Post Office Box 2842 St. Petersburg, Florida 33731

Florida Laws (2) 120.569120.65
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LOREAL BAILEY vs MFS, D/B/A WENDY`S/EXXON TRAVEL CENTER, 04-000711 (2004)
Division of Administrative Hearings, Florida Filed:Tallahassee, Florida Mar. 01, 2004 Number: 04-000711 Latest Update: Sep. 23, 2004

The Issue Whether the Respondent engaged in an unlawful employment practice contrary to Chapter 760, Florida Statutes, by discharging the Petitioner?

Findings Of Fact The Petitioner, Loreal Bailey, is an African-American woman who was employed as a cashier by the Respondent. One of the tasks that the cashiers were required to do was make a count of their registers at the end of their shift and "drop" the receipts, the cash, and their count of their cash drawer into a safe. The cashier did not have access to the safe. Cashiers were not supposed to let any other employee handle their deposit. On or about January 7, 2003, the Petitioner was on duty, and, at the close of her shift, she was being assisted in closing out her tour by another employee, who helped her count her money. The other employee, Hattie Killingsworth, an African-American woman, dropped Petitioner's package containing the receipts, the cash, and her count of the cash drawer into the safe. A subsequent accounting of the deposits revealed that $400 was missing from the Petitioner's "drop." The Respondent discharged the Petitioner shortly after this incident on January 13, 2003. Killingsworth was also terminated at this time. Both women were terminated for failing to follow company procedures that prohibited an employee from handling another employee's money. The matter was reported to the local sheriff's office; however, no charges were brought. Testimony by the Respondent's managers revealed that the money was most probably taken by a management employee of the company who was video-taped shutting off the security cameras prior to a period when money went missing. Money was missing on more than one occasion. It was surmised by management that this employee had found a way to access the safe. When this employee was terminated, the losses stopped. The general manager, Richard Eschenbacher, testified that the policy of not letting an employee touch another employee's money was not only to protect the employees, but to permit employees to testify about chain of custody of moneys if there were problems. The actions of Killingsworth and Bailey prevented Bailey from being able to testify that she had counted and deposited the money without interference from anyone else. Such testimony is helpful in prosecutions when a thief is caught, and a conviction without such chain of custody evidence is difficult to obtain. The Petitioner presented no evidence showing that the grounds presented by the Respondent for her discharge were pretextual.

Recommendation Based upon the foregoing findings of law and conclusions of law, it is recommended that the Florida Commission on Human Relations enter its final order dismissing the Petitioner's complaint. DONE AND ENTERED this 13th day of July, 2004, in Tallahassee, Leon County, Florida. S STEPHEN F. DEAN 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 July, 2004. COPIES FURNISHED: Loreal Bailey 621 Smith Road Monticello, Florida 32344 Denise Crawford, Agency Clerk Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301 Lorraine Maass Hultman, Esquire Kunkel, Miller & Hament Orange Professional Centre 235 North Orange Avenue, Suite 200 Sarasota, Florida 34236 Cecil Howard, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100 Tallahassee, Florida 32301

Florida Laws (2) 120.57760.11
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CLYDE WALKER vs. WACKENHUT SERVICES, INC., 82-000478 (1982)
Division of Administrative Hearings, Florida Number: 82-000478 Latest Update: Jun. 10, 1983

The Issue The issues posed for decision herein are whether or not the Respondent discriminatorily discharged the Petitioner, at least in part, based on race or other unlawful considerations, and whether or not the Respondent's employment policies, as practiced against the Petitioner herein, have an adverse impact upon blacks and/or other minorities. Based upon my observation of the witnesses and their demeanor while testifying, the documentary evidence received, the proposed memoranda and the entire record compiled herein, the following relevant facts are found:

Findings Of Fact Petitioner was employed by Respondent from March 12, 1979 to May 29, 1979. Petitioner was notified of his termination by Respondent's agent, Captain James McRaven, on May 29, 1979. Petitioner's efforts to be employed by Respondent commenced with his completing an application during 1978. In this regard, Industrial Relations' Manager, Earle Patrick, sought out Petitioner for employment with Wackenhut as part of his duties of recruiting qualified minority employees for positions. Patrick's effort included personal contacts, advertising, and other recruiting methods, including the use of service organizations in Brevard and the immediate surrounding counties. Industrial Relations' Manager Patrick advised Petitioner that a background investigation is conducted on each employee hired by Wackenhut. Petitioner's knowledge of Respondent's background investigations is further verified by a review of the application, completed by Petitioner, which provides in pertinent part: I . . . agree that if, in the judgment of the company . . . the results of such investigation are not satisfactory, any offer of employment made by the company may be withdrawn, or my employment with the company may be terminated immediately without any obligation or liability to me . . . Respondent has a policy of not extending offers of employment to applicants with convictions involving penalties in excess of a $25.00 fine, except minor traffic violations. Petitioner indicated on the first page of his application for employment that he had never been convicted of a violation of any law. Additionally, this fact was again admitted by the Petitioner during the subject hearing herein. Further, on two separate occasions prior to the Petitioner's commencement of employment with Respondent, Industrial Relations' Manager Patrick inquired of Petitioner whether or not his back ground investigation would reveal anything, aside from convictions, that he (Patrick) should be made aware of. On both occasions Petitioner replied "I am clean." Background investigations of the Petitioner indicated that Petitioner had been placed on one(1)year probation on April 10, 1978, for unemployment compensation fraud. That background investigation revealed further that other counts of unemployment compensation fraud had been withdrawn, and a further charge of issuing worthless checks in Kentucky had been dismissed. Petitioner pled guilty to the first count of unemployment compensation fraud and was placed on supervised probation for one (1) year. The court withheld adjudication of guilt. While a probationer, Petitioner was not allowed to carry a gun. Further, the Petitioner did not apply for any modification of the terms of his probation which would allow him to carry a firearm. Respondent maintains a rigid requirement for employee conduct and integrity for its security guard employees. (Respondent's Exhibit 15, Section 4.6.2.3 and Respondent's Exhibits 6 and 16.) The decision to discharge Petitioner was based on the results of the Respondent's background investigation of Petitioner and following consultation with its labor counsel, its Industrial Relations Manager, and the Chief of Security. Although the Petitioner contends that the Respondent was aware of his criminal background prior to employment, the documentary and other evidence introduced herein fails to support his claim in that regard. Further, the evidence reveals that the Petitioner does not employ, or even consider for employment, applicants who have pled guilty to a felony charge. This policy consideration is based on the Respondent's concern for high standards of integrity among its security guards due to the sensitive nature and other security considerations involved in its contract with NASA. In addition to the unlawful discharge allegation, Petitioner also alleged that he was unlawfully discriminated against in his employment with Respondent based on his failure to be selected for the SWAT Team; the fact that he as discriminatorily assigned to a remote and difficult security job assignment; the failure of Respondent to award him overtime work assignments, and finally, a claim that he was "grilled" by Captain McRaven. As to his non-selection to be a member of the SWAT Team, the Respondent bases its selection to the SWAT Team on employees who demonstrate a high proficiency in weapons, prior SWAT Team experience, and other factors, including length of employment. As to Petitioner's claim that he was discriminatorily assigned to a remote and difficult security job assignment, evidence reveals that Respondent attempts to assign employees to all of the possible job locations in an effort to acquaint them as much as possible so that they can be assigned to any and all post assignments as needed. Respondent selects employees for overtime assignments based on job seniority as set forth in its contract with the employee's job representative. Finally, no evidence was introduced herein to substantiate Petitioner's claim that he was "grilled" by Captain McRaven as charged. Petitioner acknowledged that there was a problem with his carrying a firearm while he was a probationer; however, he failed to mention his concern to any of Respondent's agents. Industrial Relations' Manager Patrick related that had the results of Petitioner's background investigation only revealed the disorderly conduct charge in Kentucky, Petitioner would still have been in Respondent's employ. The decision to terminate Petitioner was promoted by his guilty plea to a felony charge. Industrial Relations' Manager Patrick made a conscious effort to increase the number of minority employees with the Respondent. As example, during the month of April, 1978, Respondent's minority employees amounted to less than 1 percent of its total complement of employees, and during the course of the hearing, the complement of minority employees approximates 12 percent of the Respondent's total work force. Further, the number of minority employees shows a steady increase since the Respondent was awarded the subject contract with NASA in 1978. Richard G. Fritz, an associate professor who has earned a doctorate degree in economics, was received as an expert in statistics in this proceeding. 2/ Following a review of the "cause determination" introduced herein by the Intervenor, Dr. Fritz rendered his expert opinion that that determination was informational but not relevant herein, inasmuch as the reference groups were too small to be statistically accurate. Dr. Fritz reviewed several samples to determine a 50 percent accuracy rate and statistically determined that a sample size would need to number at least 102.18 in order to be valid.

Recommendation Based on the foregoing Findings of Fact and Conclusions of Law, it is hereby recommended that the Florida Commission on Human Relations enter an Order dismissing the PETITION FOR RELIEF filed herein. RECOMMENDED this 10th day of June, 1983, in Tallahassee, Florida. JAMES E. BRADWELL, Hearing Officer Division of Administrative Hearings The Oakland Building 2009 Apalachee Parkway Tallahassee, Florida 32301 (904) 488-9675 Filed with the Clerk of the Division of Administrative Hearings this 10th day of June, 1983.

USC (1) 42 USC 2000 Florida Laws (1) 120.57
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RONALD J. CLARDY vs DEPARTMENT OF CORRECTIONS, 04-001020 (2004)
Division of Administrative Hearings, Florida Filed:Panama City, Florida Mar. 22, 2004 Number: 04-001020 Latest Update: Sep. 27, 2005
Florida Laws (2) 120.569760.11
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