Skip to Main Content. Please Contact Us if there is anything we can do to improve the Accessibility of this site.
  • Search:


Home / Complaints / Final Orders / Final Orders 2004 / FCHR Order No. 04-153

STATE OF FLORIDA
COMMISSION ON HUMAN RELATIONS

PAMELA LIGHTBOURNE,                                                

 

     Petitioner,                                                                          

 

v.                                                                                           

 

AFFILIATED COMPUTER SERVICES,                             

 

     Respondent.

                              

EEOC Case No. 15DA300486
FCHR Case No. 23-01391
DOAH Case No. 04-1651
FCHR Order No. 04-153

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

  Preliminary Matters

          

     Petitioner Pamela Lightbourne filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2001), alleging that Respondent Affiliated Computer Services committed unlawful employment practices by unfairly disciplining Petitioner and subjecting Petitioner to different terms and conditions of employment on the basis of Petitioner’s race (Black), and by unlawfully retaliating against Petitioner.

          The allegations set forth in the complaint were investigated, and, on March 25, 2004, the Executive Director issued his 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 on July 16, 2004, in Tallahassee, Florida, before Administrative Law Judge Linda M. Rigot.

          Judge Rigot issued a Recommended Order of dismissal, dated September 3, 2004.

          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.

 

 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 party 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 7th day of December, 2004.
For The Florida Commission on Human Relations.

  

Commissioner Rita Craig, Panel Chairperson;                                                    Commissioner Roosevelt Paige; and

Commissioner Dominique B. Saliba, M.D.

Filed this 7th day December, 2004,
in Tallahassee, Florida.

  

  

Violet Crawford, Clerk of the
Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082, Ext. 1032

NOTICE TO COMPLAINANT / PETITIONER 

          As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission’s final agency action.  To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order.  Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL  33131.

 

 

Copies furnished to:

 

Pamela Lightbourne

2724 Gemstone Lane

Tallahassee, FL  32309

 

Affiliated Computer Services

c/o Samuel Zurik, III, Esq.

The Kullman Firm

1100 Poydras Street, 1600 Energy Centre

New Orleans, LA  70160

 

Linda M. Rigot, Administrative Law Judge, DOAH

 

James Mallue, Legal Advisor for Commission Panel

  

Violet Crawford

Clerk of the Commission

Florida Commission on Human Relations