Petitioner, ANNETTE CARROLL, filed a
complaint of discrimination on April 22, 2004, pursuant to
Florida Civil Rights Act of 1992, Sections 760.01-760.11,
Florida Statutes (2001), alleging that the Respondent,
DEPARTMENT OF CHILDREN AND FAMILY SERVICES, committed an
unlawful employment practice by based on her race (black), age,
sex and in retaliation. The allegations set forth in the
complaint were investigated and on June 30, 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 Chattahoochee, Florida, on October 13,
2004, before the Administrative Law Judge Don W. Davis.
This matter is before the
Commission for consideration of the Recommended Order of
Dismissal, dated November 3, 2004, issued in the above-styled
matter by Administrative Law Judge Don W. Davis.
Findings of Fact and Conclusions of Law
In her complaint, the Petitioner
alleged discrimination based on her race (black), age, sex and
in retaliation for her assertion of her rights. She alleged
that she was teminated from her probationary position of Food
Service Worker because of her race (black), age, sex and in
retaliation for her asserting her rights. The ALJ found that
the Petitioner had been employed as a Food Service Worker, was
terminated and was a member of a protected class. The ALJ also
found that the Respondent offered a legitimate business reason
for terminating her; that is, her violation of safety rules at
work. He found no substantial, persuasive evidence to show that
the employment decision made by the Respondent was based in
whole or in part on any intentional discrimination or animus
based upon the Petitioner’s race, age, sex or in retaliation for
her assertion of her rights and that the Petitioner offered no
credible evidence that the 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.
