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.
