Petitioner, BARBARA MEANS, filed a complaint of discrimination
on January 7, 2004, pursuant to Florida Civil Rights Act of
1992, Sections 760.01-760.11, Florida Statutes (2001),
alleging that the Respondent, DEPARTMENT OF CORRECTIONS,
committed an unlawful employment practice by based on her race
(black). The allegations set forth in the complaint were
investigated and on May 26, 2004, the Executive Director issued
his determination that there was no reasonable cause to believe
that a discriminatory act occurred. The Petitioner filed a
Petition for Relief and was granted a formal hearing that was
held in Gainesville, Florida, on September 17, 2004, before the
Administrative Law Judge P. Michael Ruff
This matter is before the
Commission for consideration of the Recommended Order of
Dismissal, dated November 1, 2004, issued in the above-styled
matter by Administrative Law Judge P. Michael Ruff.
Findings of Fact and Conclusions of Law
In her complaint, the Petitioner
alleged discrimination based on her race (black). She alleged
that she was not promoted from her position of Accountant III to
Accountant IV because of her race (black). The ALJ found that
the Petitioner was one of three finalists for an advertised
position of Accountant IV but was not selected. The ALJ found
that there was no substantial, persuasive evidence to show that
the employment decision made by the panel of four supervisors
was based in whole or in part on any intentional discrimination
or animus based upon the Petitioner’s race. The ALJ concluded
that, although the Petitioner was minimally qualified for the
position, the persuasive preponderant evidence demonstrated that
the other two finalists were more qualified for the position.
Further, the Petitioner failed to prove that the position was
filled with a member from a non-protected class and that the
legitimate business reason offered by the Respondent was
pretextual.
We adopt the Administrative Law
Judge’s Findings of Fact and Conclusions of Law.
Exceptions
Neither party filed exceptions to
the Administrative Law Judge’s Recommended Order of Dismissal.
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 of appeal is found
in Section 120.68, Florida Statutes, and in the Florida
Rules of Appellate Procedure 9.110.
Done and Ordered this 23rd day of December, 2004.
For The Florida Commission on Human Relations.
