21-001622 Songa Y. Clark vs. Gadsden Correctional Facility Status: Closed Recommended Order on Tuesday, July 27, 2021.

Summary: Petitioner failed to appear at final hearing and, thus, did not meet her burden to prove the allegations in this matter.

S TATE OF F LORIDA

D IVISION OF A DMINISTRATIVE H EARINGS

S ONGA Y. C LARK ,

Petitioner ,

vs. Case No. 21 - 1622

M ANAGEMENT & T RAINING C ORPORATION ,

Respondent .

/

R ECOMMENDED O RD ER O F D ISMISSAL

On July 19 , 20 21 , Yolonda Y. Green, Administrative Law Judge of the

Division of Administrative Hearings ( Ñ DOAH Ò ), con vened a duly - noticed

hearing by Zoom telec onference technology .

A PPEARANCES

For Petitioner: No Appearance

For Respondent : Lindsay Dennis Swiger, Esquire

Katherine B. Brezinski, Esquire

Jackson Lewis PC

501 Riverside Avenue , Suite 902

Jacksonville, F lorida 32202

S TATEMENT OF T HE I SSUE

The issue in this matter is whether Respondent, Management & Trai ning

Corporation 1 (ÑRespondentÒ) subjected Petitioner , Songa Y. Clark

(ÑPetitionerÒ or ÑMs. ClarkÒ), to employment discrimination.

1 Management & Training Corporation is the correct name of PetitionerÔs former employer.

Thus, the case style has been amended accordingly.

P RELIMINARY S TATEMENT

On October 22, 2019 , Petitioner filed a C omplaint of Discrimination

( Ñ Complaint Ò ) with the Florida Co mmission on Human Relations ( Ñ FCHR Ò ).

FCHR investigated the Complaint, and on April 12, 2021 , issued a

ÑDetermination: No Reasonable Cause.Ò On May 14, 2021 , Petitioner filed a

Petition for Relief ( Ñ Petition Ò ) with FCHR seeking a hearing to dispute the

fin dings of Ñ no reasonable cause . Ò

On May 19, 2021 , FCHR referred the Petition to DOAH and this matter

was assigned to the undersigned for a final hearing . The remainder of this

case's procedural history is contained in the Findings of Fact below.

F INDINGS OF F ACT

1. Pursuant to notice, on June 1, 2021, this matter was scheduled for

hearing on July 19 and 20, 2021 . The hearing was initially scheduled for an

in - person proceeding. On July 1 5 , 2021, the undersigned issued an A mended

Notice of Hearing , with the hearing to be conducted on the same date s by

Zoom tel e c onference.

2. The Notice of Hearing and Amended Notice of Hearing by Zoom

Conference were not only placed on the online docket, but were mailed to

Petitioner at her address of record (900 Timberlane R oad, Bainbridge,

G eorgia 39817). Furthermore, t he Zoom teleconference information was

emailed to the email address for Petitioner provided in her Complaint and

Petition.

3. The final hearing began on July 19, 2021, at 9 : 30 a.m. , as scheduled,

Petitioner w as not present when the hearing convened. C ounsel for

Respondent was present and prepared to present RespondentÔs case.

4. The hearing reconvened at 10:15 a.m. , but Petitioner was still not

present. During preliminary matters, the undersigned considered

R espondentÔs two Motions to Dismiss, 2 which the undersigned denied.

5 . The hearing was again recessed at approximately 10:20 a.m. and

reconvened at approximately 10:25 a.m. Petitioner had not appeared at the

h e aring , or contacte d DOAH or Respondent . The hea ring was then adjourned

without Petitioner making an appearance herself or through representation .

6. The Complaint alleged that Petitioner was the subject of employment

discrimination based upon religion .

7. FCHR issued a Notice of Determination of findin g: ÑNo Reasonable

Cause.Ò

8. Thus, Petitioner was entitled to an administrative hearing before

DOAH regarding whether Respondent subjected Petitioner to unlawful

employment action .

9 . Petitioner presented no evidence in support of h er claim.

C ONCLUSIONS OF L AW

10 . DOAH has jurisdiction over the parties and subject matter of this

proceeding pursuant to sections 120.569 and 120.57(1), Florida Statutes

(20 2 0 ).

11 . Section 760.11(7), Florida Statutes , permits a party who receives a no

cause determination to request a formal administrative hearing before

DOAH .

12 . To state a claim for employment discrimination under section 760.10,

Petitioner must allege facts to show that Respondent was h er employer.

2 On July 12, 2021, Respondent filed its motions, RespondentÔs Emergency Motion to Dismiss

as a Sanction for PetitionerÔs Failure to Prosecute the Action and Comply with the Order of

Pre - Hearing Instructions and Memorandum of Law and Emergency Motion to Dismiss for

Failure of Petitione r to Respond to Discovery Requests (ÑMotions to DismissÒ). On July 15,

2021, after Petitioner failed to appear for the motion hearing to address the Motions to

Dismiss, the undersigned issued an Order to Show Cause. Petitioner failed to respond to the

Orde r to Show Cause.

Otherwise, FCHR does not have jurisdiction over the compla int . See Enzor v.

Fl a. Developers, Inc. , Case No. 08 - 1228 (Fla. DOAH July 10, 2008; FCHR

Sep. 16, 2008); Kelly v. Fl a. Crown Workforce Board, Inc. , Case No. 06 - 0483

(Fla. DOAH Mar. 23, 2006; FCHR May 24, 2006).

13 . Petitioner alleged in h er Petition for Re lief that Respondent

discriminated against h er because of h er religion . Section 760.10(1)(a)

prohibits discriminating against an employee on account of h er religion .

14 . Petitioner must prove that Respondent subject ed her to discrimination

by a preponderan ce of the evidence. Dep't of Banking & Fin., Div. of Sec. and

Inv. Prot. v. Osborne Stern & Co., Inc. , 670 So. 2d 932 (Fla. 1996).

15. Petitioner failed to appear and was not otherwise represented at the

final hearing. As a result, Petitioner did not offer any evidence to meet h er

burden of proof that Respondent engaged in employment discrimination

against her . Therefore, s he has not proven h er claim by a preponderance of

the evidence.

R ECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions o f Law, it is

R ECOMMENDED that Florida Commission on Human Relations issue a final

order dismissing the petition with prejudice.

D ONE A ND E NTERED this 27th day of July , 2021 , in Tallahassee, Leon

County, Florida.

S

Y OLONDA Y. G REEN

Administrative Law J udge

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 3060

(850) 488 - 9675

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 27th day of July , 2021 .

C OPIES F URNISHED :

Tammy S. Barton, Agency Clerk Songa Y. Clark

Florida Commi ssion on Human Relations 900 Timberlane Road

4075 Esplanade Way , Room 110 Bainbridge, Georgia 39817

Tallahassee, Florida 32399 - 7020

Katherine B. Brezinski, Esquire

Lindsay Dennis Swiger, Esquire Jackson Lewis P.C.

Jackson Lewis PC 501 Riverside Avenue, Suite 902

501 Riverside Avenue , Suite 902 Jacksonville, Florida 32202

Jacksonville, Florida 32202

Cheyanne Costilla, General Counsel

Christina Pignatelli Florida Commission on Human R elations

500 North Marketplace Drive 4075 Esplanade Way, Room 110

Centervil le, Utah 84014 Tallahassee, Florida 32399 - 7020

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.