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Home / Complaints / Final Orders / Final Orders 2014 / FCHR Order No. 14-026

FCHR Order No. 14-026

Date of Release: 07/30/2014

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JIMMY LEE DANIELS

EEOC Case No.

15D201300454

Petitioner

FCHR Case No.

2013-01295

v.

DOAH Case No.

14-0037

CROTHALL HEALTHCARE

FCHR Order No. 14-026

Respondent

 

ORDER REMANDING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Order Closing File and Relinquishing Jurisdiction, dated June 4, 2014, issued in the above-styled matter by Administrative Law Judge Diane Cleavinger.

Preliminary Matters

On January 13, 2014, Judge Cleavinger issued an Order to Show Cause indicating that “the Petition for Relief does not state any facts sufficient to demonstrate a cause of action under Section 760.10, Florida Statutes, or put the Respondent on notice of specific incidents being complained about.” The Order to Show Cause further states, “…Petitioner admits in paragraph 5 of his Petition for Relief that this action is not one based on discrimination under chapter 760, Florida Statutes.” The Order to Show Cause gave Petitioner until February 5, 2014, to provide “a written statement stating facts sufficient to establish dates and acts by the employer sufficient to demonstrate a cause of action for discrimination based on chapter 760, Florida Statutes.”

In response to the Order to Show Cause, Petitioner timely submitted a letter that is essentially a verbatim restatement of the Petition for Relief. In addition, Respondent filed its Position Statement that it had filed with the Commission during the investigation stage of the case.

Subsequently, Judge Cleavinger issued the Order Closing File and Relinquishing Jurisdiction currently before the Commission, stating, “[a]fter review of the parties [sic] responses to the Order to Show Cause, it is clear that Petitioner has failed to state with specificity a claim of discrimination under chapter 760, Florida Statutes,” and ordering that “the file of the Division of Administrative Hearings is dismissed and closed.”

FCHR Order No. 14-026

Page 2

Findings of Fact and Conclusions of Law

We disagree that a cause of action under Section 760, Florida Statutes, has not been set out with sufficient specificity.

Our reading of both the Petition for Relief and Petitioner’s response to the Order to Show Cause indicates that Petitioner is at least alleging that Respondent discriminated against Petitioner by assigning Petitioner work requiring more than one employee to complete, knowing that it would not be completed, and by assigning Petitioner work without being given the proper equipment to complete it, as well as being unlawfully terminated. In our view, to the extent that more “specific” information is required, this can be developed through discovery.

The statement in the Order to Show Cause that Petitioner admits that the action is not based on discrimination under Section 760, Florida Statutes, appears to be founded on Petitioner’s statement that, “The fact the determination of No Cause seem to be based upon discrimination only, which is a wrong reason, there were many reasons non job related which lead to my Wrongful Termination, Explained in initial submission.” In our view, this statement is ambiguous in that it could be a statement that discrimination is a wrong reason to terminate someone, or it could be a statement that discrimination is not the reason Petitioner was terminated. Given the total reading of the Petition for Relief and Petitioner’s response to the Order to Show Cause, in our view, it cannot be said that Petitioner is stating that discrimination was not the reason for the adverse employment actions alleged.

We note that neither the Petition for Relief nor Petitioner’s response to the Order to Show Cause, specifically indicate the basis of the alleged discrimination. However, the content of Respondent’s Position Statement, apparently filed by Respondent in response to the Order to Show Cause, clearly reflects that Respondent had notice that Petitioner was alleging discrimination based on his race (Black / African American). In addition, this alleged basis can be inferred from the statement in the Petition for Relief and Petitioner’s response to the Order to Show Cause that, “Fact; Mr. Nick Maloley created an extremely hostile work environment for me with the intent of termination upon his arrival, Fact; Mr. Nick Maloley used Mrs. Loretta (Black) as a pawn to accommodate and make it appear to be without prejudice and preplanned event.”

We conclude that the matter should be remanded to the Administrative Law Judge for further proceedings on the Petition for Relief.

Exceptions

Neither party filed exceptions to the Administrative Law Judge’s Order Closing File and Relinquishing Jurisdiction.

FCHR Order No. 14-026

Page 3

Remand

The Petition for Relief and Complaint of Discrimination are REMANDED to the Administrative Law Judge for further proceedings on the Petition for Relief consistent with this Order.

DONE AND ORDERED this 30th day of July , 2014.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo-Garcia; and

Commissioner Tony Jenkins

Filed this 30th day of July , 2014,

in Tallahassee, Florida.

/s/

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Jimmy Lee Daniels

707 North Macarthur Avenue

Panama City, FL 32401

Crothall Healthcare

c/o Gail Savetamal, Esq.

Compass Group USA, Inc.

2400 Yorkmont Road

Charlotte, NC 28217

FCHR Order No. 14-026

Page 4

Diane Cleavinger, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 30th day of July , 2014.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations