20-002445 Vadim Troshkin vs. State Of Florida, Department Of Health, Duval County Health Department Status: Closed Recommended Order on Tuesday, September 1, 2020.

Summary: Petitioner who did not appear for the final hearing, did not prove Respondent discriminated against him in violation of the Florida Civil Rights Act of 1992.

P RELIMINARY S TATEMENT

On or about September 25, 2019, Petitioner filed a discrimination

complaint (“Complaint”) with the Florida Com mission on Human Relations

(“the Commission” ) alleging the Department discriminat ed against him by

refusing t o hire him for the position of advance practice registered n urse.

Spe cifically, he alleged the Department did not hire him because of his age or

national origin. After 180 days, the Commission had not issued a ruling on

Petitioner’s Complaint and advised Petitioner of his rights to an

administrative hearing.

On or about Ma y 15, 2020, Petitioner filed his request for an

administrative hearing, and the matter was referred to the Division and

assigned to the undersigned, who scheduled the final hearing for August 4,

2020 , via video teleconference at sites in Tallahassee and Ja cksonville,

Florida. The hearing was subsequently changed to Zoom conference on the previously - scheduled date.

Petitio ner did not appear at the final hearing. All notices and orders were

sent to the address of record provided by Petitioner. None were retu rned as

undeliverable. The Department opted to present a case in chief. The

Department introduced the testimony of the Human Resources M anager ,

Sara Caron , and the Director of Nursing, Angela O’Donnell . Department

Exhibits 7 and 8 were admitted into eviden ce.

The final hearing proceedings were recorded, but the parties did not order

a transcript. The Department filed a Proposed Recommended Order on

August 24, 2020, which has been considered by the undersigned in preparing

this Recommended Order. Petitioner did not file a proposed recommended

order.

Unless otherwise indicated, all citations to the Florida Statutes herein are

to the 2019 version.

F INDINGS OF F ACT

1. The Department is an employer as defined in section 760.02(7), Florida

Statutes.

2. In Marc h 2019, Petitione r applied for a position as an advance practice

registered n urse with the Department.

3. Petitioner submitted a completed application and was selected for an

interview by the Director of Nursing, Angela O’Donnell.

4. Petitioner was one of six candidates interviewed for the position.

5. Ms. O’Donnell was one of three individuals who interviewed Petitioner

for the position on March 13, 2019.

6. Petitioner did well during the interview and was ranked four out of the

six candidates for the posi tion. Petitioner was not the highest ranking

candidate, so he was not offered the position.

7. Neither Ms. O’Donnell nor any of the other interviewers mentioned

either Petitioner’s age or his nat ionality during the interview.

8. Ms. O’Donnell’s scoring she et does not contain any reference to either

Petition er’s age or national origin. 1

9. Even if Petitioner had been the highest scoring candidate, he would not

have automatically been hired for the position.

10. It is the Department ’s policy to give a conditi onal offer to the highest

scoring candidate for any position. A conditional offer is contingent up on

completion of the candidate’s reference checks and background screen ing.

11. If a candidate does not have good references or pass the background

screen in g , the candidate will not be hired , even if he or she is the top - scoring

candidate.

1 nly Ms. O’Donnell’s scoring sheet was introduced into evidence. Of the three interviewers, o

12. Therefore, the interview is not the final step in the hiring process.

C ONCLUSIONS OF L AW

13. The Division has jurisdiction of the subject matter and the parties to

th is proceeding. §§ 120.569 and 120.57(1), Fla. Stat.

14. The Act prohibits discrimination in the workplace. Section 760.10

makes it unlawful for an employer “to fail or refuse to hire any individual

because of such individual’s race, color, religion, sex , national origin, age,

handicap or marital status.”

15. The Department is an employer as defined in section 760.02(7).

16. Petitioner has the burden of proof in this case to establish the

allegations of his Petition by a preponderance of the evidence. Se e

§ 120.57(1)(j), Fla. Stat.

17. Petitioner did not introduce any evidence to support the allegations in

his Petition that the Department failed to hire him based on his age or

national origin. Petitioner did not establish a prima facie case of discriminat ion. See McDonnell Douglas Corp. v. Green , 411 US 792 (1973).

R ECOMMENDATION

Based on the foregoing Finding of Facts and Conclusions of Law, it is:

R ECOMMENDED , that the Florida Commission on Human Relations issue a

final order dismissing Petitioner’s Pe tition for Relief in Case No. 2019 - 21589.

D ONE A ND E NTERED this 1st day of September , 2020 , in Tallahassee, Leon

County, Florida.

S UZANNE V AN W YK

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 1st day of September , 2020 .

C OPIES F URNISHED :

Tammy S. Barton, Agency Clerk

Florida Comm ission on Human Relations

Room 110

4075 Esplanade Way

Tallahassee, Florida 32399 - 7020

(eServed)

Amanda Wright, Inspector Specialist

Jacksonville Department of Health

Bin A - 02

4052 Bald Cypress Way

Tallahassee, Florida 32399

Vadim Troshkin

Apartment 425

1661 Riverside Avenue Jacksonville, Florida 32204

Amy P. Meyer, Esquire

Department of Health

MC 30

900 University Boulevard North

Jacksonville, Florida 32217

(eServed)

Cheyanne Costilla, General Counsel

Florida Commission on Human Relations

Room 1 10

4075 Esplanade Way

Tallahassee, Florida 32399 - 7020

(eServed)

N OTICE OF R IGHT T O S UBMIT E XCEPTIONS

All parties have the right to submit written exceptions within 15 days from

the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this

case.