21-002532 Sabrenna Chambliss vs. Duval County Public Schools
 Status: Closed
Recommended Order on Monday, November 22, 2021.


View Dockets  
Summary: Petitioner failed to demonstrate that her dismissal as a probationary employee was based on her disability or on her request for accommodation under the ADA.

1S TATE OF F LORIDA

6D IVISION OF A DMINISTRATIVE H EARINGS

13S ABRENNA C HAMBLISS ,

17Petitioner ,

18vs. Case No. 21 - 2532

24D UVAL C OUNTY P UBLIC S CHOOLS ,

32Respondent .

34/

35R ECOMMENDED O RDER

39Pursuant to notice, a final hearing was conducted in this case on

51October 15, 2021, via Zoom teleconference, before Lawrence P. Stevenson, a

62duly - designated Administrative Law Judge (ÑALJÒ) of the Division of

73Administrative Hearings ( Ñ DOAHÒ).

78A PPEARANCES

80For Petitioner: Sabrenna C. Chambliss, pro se

87Apartment 405

891811 Rogero Road

92Jacksonville, Florida 32211

95For Respondent: Ariel Cook, Esquire

100Office of the General Counsel

105City of Jacksonville

108Suite 480

110117 West Duval S treet

115Jacksonville, Florida 32244

118S TATEMENT OF T HE I SSUE

125The issue is whether Respondent, Duval County Public Schools

134(ÑRespondentÒ or ÑSchool DistrictÒ), subjected Petitioner to discrimination on

143the basis of her disability, in violation of section 760 .10, Florida Statutes. 1

157P RELIMINARY S TATEMENT

161On October 28, 2020, Petitioner, Sabrenna Chambliss (ÑMs. ChamblissÒ or

171ÑPetitionerÒ), filed with the Florida Commission on Human Relations ( the

182Ñ FCHR Ò ) an Employment Complaint of Discrimination against the S chool

195District. The Employment Complaint of Discrimination, drafted for

203Ms. Chambliss by her then - attorney, stated as follows, in relevant part:

216Please be advised that this law firm represents

224Ms. Sabrenna Chambliss. Ms. Chambliss

229experienced issues in rea sonable accommodations,

235disability discrimination, and retaliation at [Duval

241County School Board]. DCSB previously employed

247Ms. Chambliss from January 2020 until August 18,

2552020. Ms. Chambliss was at all times an exemplary

264employee. Ms. Chambliss retained our firm in

271response to constructive termination from [Duval

277County Public Schools]. Ms. Chambliss was a

284teacher at DCPS.

287On or about August 18, 2020, DCPS informed

295Ms. Chambliss that DCPS could not accommodate

302Ms. ChamblissÔ disability accommodation and

307therefore DCPS would terminate Ms. Chambliss

313and give away [her] position.

318On or about October 27, 2020, DCPS notified

326Ms. Chambliss that her Americans with

332Disabilities Act Amendments Act application was

338denied because Ms. Chambliss was already

344terminate dÈ

3461 Citations sh all be to Florida Statutes (2020) unless otherwise specified. Section 760.10 has

361been unchanged since 1992, save for a 2015 amend ment adding pregnancy to the list of

377classifications protected from discri minatory employment practices. Ch. 2015 - 68, § 6, Laws of

392Fla.

393On or about November 3, 2020, Ms. Chambliss

401responded to DCPS that she was terminated

408because GRASP Academy could not accommodate

414her disabilityÈ

416DCSB has unlawfully denied Ms. Chambliss

422employment. DCSB denied Ms. Chambliss

427employment because of disab ility reasons and then

435fraudulently concealed this reason and defamed

441Ms. ChamblissÔs character in the process.

447DCSB has taken an astoundingly negative action

454towards Ms. Chambliss, in complete contradiction

460to federal and state law. Ms. Chambliss is enti tled

470to equal protection under the law, whether or not

479Ms. Chambliss is disabled or requires a reasonable

487accommodation. Ms. Chambliss has suffered

492significant duress from this false treatment from

499DCSB.

500Ms. Chambliss was fully qualified for the position

508and could perform the position with or without a

517reasonable accommodation, but she was

522constructively terminated because of DCSB failure

528to provide a reasonable accommodation,

533discrimination, and retaliation thereof. The issue is

540that DCSB cannot legally d iscriminate against an

548employee based on the employeeÔs disability.

554The above is a clear violation of the Florida Civil

564rights Act. DCPS engaged in a pattern or practice

573of failure to provide a reasonable accommodation,

580discrimination, and retaliation as defined by the

587laws of Florida, including Fla. Stat. § 760.10(1)(a)

595for constructively discharging Ms. Chambliss

600because of her disability and the medical needs

608thereofÈ.

609The FCHR conducted an investigation into Ms. ChamblissÔs allegations.

618On July 28, 20 21, the FCHR issued a written determination that there was

632no reasonable cause to believe that unlawful discrimination occurred.

641On August 19, 2021, Ms. Chambliss timely filed a Petition for Relief with

654the FCHR. Also , on August 19, 2021, the FCHR referre d the case to DOAH

669for the assignment of an ALJ and the conduct of formal hearings.

681The final hearing was scheduled for October 15, 2021, on which date it

694was convened and completed.

698At the hearing, Ms. Chambliss testified on her own behalf. Ms. Chambli ss

711offered no exhibits into evidence.

716The School District presented the testimony of the following School

726District employees: Laura Bowes, current Executive Director for School

735Improvement; Sherry Jackson, Executive Director of the Office of Equity and

746Inclusion and Professional Standards; and Victoria Schultz, Assistant

754Superintendent for Human Resources. The School DistrictÔs Exhibits 1

763through 8 were admitted into evidence.

769The one - volume Transcript of the final hearing was filed with DOAH on

783Octobe r 25, 2021. Respondent timely filed its Proposed Recommended Order

794on November 4, 2021. Petitioner did not file a p roposed r ecommended o rder.

809F INDINGS OF F ACT

814Based on the evidence adduced at hearing, and the record as a whole, the

828following Findings of F act are made:

8351. The School District is an employer as that term is defined in section

849760.02(7). It is the governing body responsible for the administration of

860public schools in Duval County.

8652. Ms. Chambliss is an African American female who suffers fro m Type 2

879diabetes, hypertension, and asthma.

8833. Ms. Chambliss was hired by the School District on November 4, 2019,

896as a part - time employee through ÑProject Jumpstart,Ò a School District

909training program for prospective teachers.

9144. From the date of her hi ring, Ms. Chambliss was considered a

927ÑprobationaryÒ employee. A Ñprobationary contractÒ is an employment

935contract awarded to instructional personnel upon initial employment in a

945school district. The probationary period is one school year, or 196 working

957da ys. §§ 1012.01(4) and 1012.335(1)(c), Fla. Stat.

9655. Section 1012.335(1)(c) , Florida Statutes, provides that a probationary

974contract employee Ñmay be dismissed without cause or may resign without

985breach of contract.Ò

9886. After she completed the six - week Proj ect Jumpstart program,

1000Ms. Chambliss was assigned to Highlands Middle School.

10087. At the close of the 2019 - 2020 school year, Highlands Middle School

1022received a grade of ÑDÒ from the Florida Department of Education. Among the

1035stateÔs requirements for improvi ng ÑDÒ and ÑFÒ rated schools is that only

1048teachers rated ÑeffectiveÒ or Ñhighly effectiveÒ may remain at those schools.

10598. Ms. ChamblissÔs year - end evaluation was not ÑeffectiveÒ or Ñhighly

1071effective.Ò Therefore, the School District was required to move he r to a school

1085with no history of poor evaluations.

10919. On July 1, 2020, Ms. Chambliss was reassigned to GRASP Academy, a

1104K - 8 school designed to address the needs of students with learning

1117disabilities, chiefly dyslexia, dysgraphia, and dyscalculia.

112310. On August 3, 2020, the School DistrictÔs Office of Equity and

1135Inclusion/Professional Standards (ÑOEIPSÒ) received Ms. ChamblissÔs request

1142for a reasonable accommodation under the Americans with Disabilities Act

1152(ÑADAÒ). Due to her comorbidities and the danger posed by Covid - 19,

1165Ms. Chambliss requested that she be allowed to work from home.

117611. On August 11, 2020, OEIPS sent an email to Annessia Powell, the

1189principal of GRASP Academy, informing her that an employee, later

1199identified as Ms. Chambliss, had applie d for an accommodation. OEIPS

1210requested that Ms. Powell provide dates and times of her availability to

1222attend a Skype meeting to discuss the working environment, Ms. ChamblissÔs

1233job responsibilities, and reasonable accommodation options. Sherry Jackson,

1241th e Executive Director of OEIPS, testified that such meetings are standard

1253practice when an employee requests an ADA accommodation.

126112. Later on August 11, 2020, Ms. Powell replied to OEIPS that

1273Ms. Chambliss was no longer a teacher at GRASP Academy. She sta ted that

1287the School District had moved Ms. Chambliss out of GRASP Academy the

1299previous week.

130113. There was disagreement as to the reason for Ms. ChamblissÔs

1312departure from GRASP Academy. Laura Bowes, who at the time was the

1324School DistrictÔs Executive Dire ctor for Human Resources (ÑHRÒ), testified to

1335receiving a report from Ms. Powell that Ms. Chambliss had only been at

1348GRASP Academy for a few hours when she told Ms. Powell that she did not

1363believe the school was the best setting for her. Ms. Chambliss alle gedly told

1377Ms. Powell that a different type of teacher would be better suited for the

1391needs of GRASP AcademyÔs students.

139614. Ms. Chambliss testified that she had substituted at GRASP Academy

1407on several occasions. She liked the program at the school and bel ieved it was

1422a good fit for her interests and skills.

143015. Ms. Chambliss testified that she had undergone surgery during the

1441summer. She reported to work at GRASP Academy but during her first day of

1455work she began to experience great pain and asked to go h ome.

1468Ms. Chambliss testified that her conversation with the principal was about

1479her request to work from home, not the suitability of the school.

149116. Regardless of the reason for her departure from GRASP Academy,

1502Ms. Chambliss was reassigned to Landmark M iddle School. She was directed

1514to report for work on August 14, 2020.

152217. Ms. Bowes testified that the principal of Landmark Middle School,

1533Dr. Cicely Tyson - White, reported that Ms. Chambliss was not coming in to

1547work on a consistent basis. She was failing to notify the school of her

1561absences. She would also come into work several hours late and say that she

1575had been to a doctorÔs appointment, again without notice. After listening to

1587Dr. Tyson - White express her frustration, Ms. Bowes told Dr. Tyson - White

1601th at Ms. Chambliss was still a probationary employee and as such could be

1615released from employment without cause.

162018. Ms. Chambliss testified that she was having problems using the

1631School DistrictÔs automated leave request system but that she never failed to

1643let the school know when she needed to be absent from work.

165519. Ms. Chambliss next reported for work on August 18, 2020. At that

1668time, Dr. Tyson - White informed Ms. Chambliss that her probationary

1679employment was being terminated and that another teacher wo uld be filling

1691her position at Landmark Middle School.

169720. The School District refers all requests for reasonable accommodations

1707under the ADA to OEIPS for review and action. For reasons of employee

1720confidentiality, the School DistrictÔs HR Department is n ot given immediate

1731access to ADA accommodation requests.

173621. Ms. Bowes, the head of HR, testified that she was unaware

1748Ms. Chambliss had requested a reasonable accommodation under the ADA at

1759the time she advised Dr. Tyson - White of her option to terminate

1772M s. ChamblissÔs employment without cause.

177822. Ms. Chambliss is eligible to reapply for a teaching position with the

1791School District at any time. Both Ms. Bowes and Victoria Schultz, the current

1804Assistant Superintendent for HR, testified that Ms. ChamblissÔs probationary

1813termination would not harm her chances of obtaining a position at another

1825school, given that such terminations are not uncommon and that there is a

1838high need for teachers in the School District. Individual school principals

1849have the discretio n to interview and hire teachers who have gone through

1862probationary release. The School District would place no obstacle before

1872Ms. Chambliss should she pursue re - employment.

188023. In a November 29, 2020, letter to Sherry Jackson, Executive Director

1892of OEIP S, Ms. Chambliss stated, ÑMy goal is to return to Teacher status in

1907the future, but due to some complications from surgery and Covid - 19, further

1921investigations on high risk medical conditions are presently being set up for

1933testing and diagnosis which will prolong my return.Ò

194124. As of the date of the hearing, Ms. Chambliss had not applied for a

1956position with the School District since her termination .

196525. In summary, Ms. Chambliss offered insufficient evidence that she was

1976discriminated against based on her disability. The principal who terminated

1986her employment was not even aware that Ms. Chambliss had requested an

1998accommodation. The School DistrictÔs process for establishing reasonable

2006accommodations might be faulted for slowness but there was no evidence that

2018it was used for discriminatory reasons.

202426. It is noted that the School District placed great emphasis on its

2037discretion to terminate a probationary employeeÔs contract Ñwithout causeÒ

2046under section 1012.335(1)(c). The undersigned doubts this statute would

2055shield a school district that engaged in blatant discrimination, but such was

2067not the case in the instant proceeding. Ms. Chambliss offered nothing more

2079than her suspicions to tie her disability to the School DistrictÔs decision to

2092terminate her empl oyment.

209627. There was no evidence that Ms. Chambliss was subjected to unlawful

2108retaliation.

210928. Ms. Chambliss offered insufficient credible evidence disputing the non -

2120discriminatory reason given by the School District for its termination of her

2132probationar y employment.

2135C ONCLUSIONS OF L AW

214029. The Division of Administrative Hearings has jurisdiction of the subject

2151matter of and the parties to this proceeding. §§ 120.569, 120.57(1), and

2163760.11(7), Fla. Stat.

216630. The Florida Civil Rights Act of 1992 (the "F lorida Civil Rights Act" or

2181the "FCRA"), chapter 760, prohibits discrimination in the workplace. The

2192FCRA is modeled after Title VII of the Civil Rights Acts of 1964 and 1991,

220742 U.S.C. § 2000, et seq . (Title VII), so that federal case law regarding Title

2223VII is applicable to construe the FCRA . See Castleberry v. Edward M.

2236Chadbourne, Inc. , 810 So. 2d 1028, 1030 (Fla. 1st DCA 2002).

224731. Section 760.10 states the following, in relevant part:

2256(1) It is an unlawful employment practice for an

2265employer:

2266(a) T o discharge or to fail or refuse to hire any

2278individual, or otherwise to discriminate against any

2285individual with respect to compensation, terms,

2291conditions, or privileges of employment, because of

2298such individual's race, color, religion, sex, national

2305ori gin, age, handicap, or marital status.

2312* * *

2315(7) It is an unlawful employment practice for an

2324employer, an employment agency, a joint labor -

2332management committee, or a labor organization to

2339discriminate against any person because that

2345person has opposed a ny practice which is an

2354unlawful employment practice under this section,

2360or because that person has made a charge, testified,

2369assisted, or participated in any manner in an

2377investigation, proceeding, or hearing under this

2383section.

238432. The School District is an "employer" as defined in section 760.02(7),

2396which provides the following:

2400(7) "Employer" means any person employing 15 or

2408more employees for each working day in each of

241720 or more calendar weeks in the current or

2426preceding calendar year, and any agent of such a

2435person.

243633. Florida courts have determined that federal case law applies to claims

2448arising under the Florida Civil Rights Act, and as such, the United States

2461Supreme Court's model for employment discrimination cases set forth in

2471McDonnell Douglas Corp. v. Green , 411 U.S. 792, 93 S. Ct. 1817, 36 L. Ed. 2d

2487668 (1973), applies to claims arising under section 760.10, absent direct

2498evidence of discrimination. See Harper v. Blockbuster EntmÔt Corp. , 139 F.3d

25091385, 1387 (11th Cir. 1998); Paraohao v. Bankers Club, Inc. , 225 F. Supp. 2d

25231353, 1361 (S.D. Fla. 2002); Fla. State Univ. v. Sondel , 685 So. 2d 923, 925

2538n.1 (Fla. 1st DCA 1996); Fla. DepÔt of Cmty. Aff. v. Bryant , 586 So. 2d 1205

2554(Fla. 1st DCA 1991).

255834. ÑDirect evidence is Óevidence, which i f believed, proves existence of fact

2571in issue without inference or presumption.ÔÒ Rollins v. TechSouth, Inc. , 833

2582F.2d 1525, 1528 n.6 (11th Cir. 1987)( quoting BlackÔs Law Dictionary 413 (5th

2595ed. 1979)). In Carter v. City of Miami , 870 F.2d 578, 582 (11th C ir. 1989), the

2612court stated:

2614This Court has held that not every comment

2622concerning a person's age presents direct evidence

2629of discrimination. [ Young v. Gen. Foods Corp . , 840

2639Young Court

2641made clear that remarks merely r eferring to

2649characteristics associated with increasing age, or

2655facially neutral comments from which a plaintiff

2662has inferred discriminatory intent, are not directly

2669probative of discrimination. Id . Rather, courts have

2677found only the most blatant remarks, w hose intent

2686could be nothing other than to discriminate on the

2695basis of age, to constitute direct evidence of

2703discrimination.

270435. Petitioner offered no evidence that would satisfy the stringent

2714standard of direct evidence of discrimination.

272036. Under the McDonnell analysis, in employment discrimination cases,

2729Petitioner has the burden of establishing, by a preponderance of the evidence,

2741a prima facie case of unlawful discrimination. If the prima facie case is

2754established, the burden shifts to the employer to rebut this preliminary

2765showing by producing evidence that the adverse action was taken for some

2777legitimate, non - discriminatory reason. If the employer rebuts the prima facie

2789case, the burden shifts back to Petitioner to show by a preponderance of the

2803ev idence that the employer's offered reasons for its adverse employment

2814decision were pretextual. See Texas DepÔt of Cmty. Aff. v. Burdine , 450 U.S.

2827248, 101 S. Ct. 1089, 67 L. Ed. 2d 207 (1981).

283837. In order to prove a prima facie case of unlawful employmen t

2851discrimination under chapter 760, Petitioner must establish that: (1) she is a

2863member of the protected group; (2) she was subject to adverse employment

2875action; (3) the School District treated similarly situated employees outside of

2886her protected classifi cations more favorably; and (4) Petitioner was qualified

2897to do the job and/or was performing her job at a level that met the employerÔs

2913legitimate expectations. See , e.g., Jiles v.United Parcel Serv ., Inc ., 360 Fed.

2926Appx. 61, 64 (11th Cir. 2010); Burke - Fow ler v. Orange Cnty , 447 F.3d 1319,

29421323 (1 1th Cir. 2006); Knight v. Baptist Hosp. of Miami, Inc ., 330 F.3d 1313,

29581316 (11th Cir. 2003); Williams v. Vitro Servs. Corp ., 144 F.3d 1438, 1441

2972(11th Cir. 1998); McKenzie v. EAP Mgmt. Corp ., 40 F. Supp. 2d 1369, 1374 - 75

2989(S.D. Fla. 1999).

299238. Petitioner has failed to prove a prima facie case of unlawful

3004employment discrimination.

300639. Petitioner is an African American female who suffers from Type 2

3018diabetes, hypertension, and asthma, conditions that constitute Ñhand icapsÒ

3027and therefore make her a member of a protected group.

303740. Petitioner was terminated from her position as a teacher with the

3049School District and was therefore subject to an adverse employment action.

306041. Petitioner was not evaluated as ÑeffectiveÒ or Ñhighly effective,Ò but

3072there was no evidence that she was in danger of dismissal for reasons related

3086to her classroom performance. The principal who dismissed her did so by

3098invoking the Ñwithout causeÒ provision of section 1012.335(1)(c). Therefore,

3107base d on all the evidence, Petitioner was performing her job at a level that

3122met the employerÔs legitimate expectations.

312742. As to the question of disparate treatment, the applicable standard was

3139recently revised in Lewis v. City of Union City, G eorgia . , 918 F .3d 1213, 1218

3156(11th Cir. 2019): Ñ[A] plaintiff asserting an intentional - discrimination claim

3167under McDonnell - Douglas must demonstrate that she and her proffered

3178comparators were Ósimilarly situated in all material aspects.ÔÒ

318643. State courts in Florida h ave found that a person suffers Ñ disparate

3200treatment Ò in his or her employment, in violation of Title VII Ð and, by

3215extension, the FCRA Ð when he or she is singled out and treated less

3229favorably, on the basis of his or her status as a member of a protected cla ss

3246than other employees who are otherwise similarly situated in all relevant

3257respects. Johnson v. Great Expressions Dental Ctrs. of Fla. , P.A., 132 So. 3d

32701174, 1176 (Fla. 3d DCA 2014); Valenzuela v. Globeground N . Am . , LLC , 18

3285So. 3d 17, 23 (Fla. 3d DCA 2 009).

329444. Petitioner offered no evidence as to disparate treatment of similarly

3305situated employees outside of her protected classification. Discriminatory

3313intent may be proved by inference but a trier of fact Ñcannot infer

3326discrimination from thin air.Ò Li zardo v. DennyÔs, Inc . , 270 F.3d 94, 104 (2d

3341Cir. 2001) ( citing Norton v. Sam's Club , 145 F.3d 114, 119 (2d Cir.1998) ) .

3357Mere speculation or self - serving belief on the part of a complainant

3370concerning motives of a respondent is insufficient, standing alone, to

3380establish a prima facie case of intentional discrimination. See Lizardo , 270

3391F.3d at 104 (ÑPlaintiffs have done little more than cite to their mistreatment

3404and ask the court to conclude that it must have been related to their race.

3419This is not sufficien t.Ò). See also Norton , 145 F.3d at 120 (anti - discrimination

3434law Ñdoes not make employers liable for doing stupid or even wicked things; it

3448makes them liable for discriminating È.Ò).

345445. Having failed to establish the disparate treatment element, Petitioner

3464has not established a prima facie case of employment discrimination. ÑFailure

3475to establish a prima facie case of . . . discrimination ends the inquiry.Ò Ratliff

3490v. State , 666 So. 2d, 1008, 1013 n.6 (Fla. 1st DCA 1996)(citations omitted).

350346. Even if Petit ioner were deemed to have submitted sufficient evidence

3515to show a prima face case of unlawful discrimination, credible and unrebutted

3527testimony by the School DistrictÔs witnesses showed that PetitionerÔs

3536dismissal was unrelated to her request for an ADA ac commodation. Because

3548of the School DistrictÔs confidentiality practices, neither the HR Department

3558nor the principal of Landmark Middle School was aware of PetitionerÔs

3569accommodation request at the time her employment was terminated. The

3579School District ha d the discretion to dismiss Petitioner without cause. The

3591only reason established on the record for the principalÔs dissatisfaction had to

3603do with PetitionerÔs absences from work, not her disability or her

3614accommodation request. Petitioner disagreed with t he allegation that she

3624was not providing notice of her absences but did not dispute the absences

3637themselves. The evidence was insufficient to show that the School DistrictÔs

3648reason was a mere pretext for discrimination.

365547. In a proceeding under the FCRA, the court is Ñ not in the business of

3671adjudging whether employment decisions are prudent or fair. Instead, [the

3681court Ô s] sole concern is whether unlawful discriminatory animus motivates a

3693challenged employment decision. Ò Damon v. Fleming Supermarkets of Fla .,

3704Inc. , 196 F.3d 1354, 1361 (11th Cir. 1999). Not everything that makes an

3717employee unhappy is an actionable adverse action for purposes of the FCRA.

3729Davis v. Town of Lake Park , 245 F.3d 1232, 1238 (11th Cir. 2001).

374248. As to PetitionerÔs retaliation clai m, the court in Blizzard v. Appliance

3755Direct, Inc. , 16 So. 3d 922, 926 (Fla. 5th DCA 2009), described the elements of

3770such a claim as follows:

3775To establish a prima facie case of retaliation under

3784section 760.10(7), a plaintiff must demonstrate:

3790(1) that h e or she engaged in statutorily protected

3800activity; (2) that he or she suffered adverse

3808employment action and (3) that the adverse

3815employment action was causally related to the

3822protected activity. See Harper v. Blockbuster

3828EntmÔt Corp. , 139 F.3d 1385, 1388 (11th Cir.), cert.

3837denied 525 U.S. 1000, 119 S. Ct. 509, 142 L.Ed.2d

3847422 (1998). Once the plaintiff makes a prima facie

3856showing, the burden shifts and the defendant must

3864articulate a legitimate, nondiscriminatory reason

3869for the adverse employment action. Wells v.

3876Colorado Dep't of Transp. , 325 F.3d 1205, 1212

3884(10th Cir. 2003). The plaintiff must then respond

3892by demonstrating that defendant's asserted reasons

3898for the adverse action are pretextual. Id .

39064 9 . Petitioner made no evidentiary showing that any emp loyment action

3919by the School District was causally related to any statutorily protected

3930activity she took while an employee. The School DistrictÔs OEIPS began

3941processing her ADA accommodation request upon receipt but was unable to

3952schedule an accommodation meeting before she changed schools and then

3962was dismissed from employment. PetitionerÔs assertion of retaliation was

3971unsupported by credible evidence.

397550 . In conclusion, Ms. Chambliss failed to present a prima facie case of

3989discrimination based on disabi lity , and failed to show that her termination

4001from employment was in retaliation for her exercise of protected activity.

4012R ECOMMENDATION

4014Based upon the foregoing Findings of Fact and Conclusions of Law, it is

4027R ECOMMENDED that the Florida Commission on Hum an Relations issue a

4039final order finding that Duval County Public Schools did not commit an

4051unlawful employment practice , and dismissing the Petition for Relief filed in

4062this case.

4064D ONE A ND E NTERED this 22nd day of November , 2021 , in Tallahassee,

4078Leon Co unty, Florida.

4082S

4083L AWRENCE P. S TEVENSON

4088Administrative Law Judge

40911230 Apalachee Parkway

4094Tallahassee, Florida 32399 - 3060

4099(850) 488 - 9675

4103www.doah.state.fl.us

4104Filed with the Clerk of the

4110Division of Administrative Hearings

4114this 22nd day of November , 2021 .

4121C OPIES F URNISHED :

4126Tammy S. Barton, Agency Clerk Ashley Benson Rutherford, Esquire

4135Florida Commission on Human Relations Office of General Counsel

4144Room 110 Suite 480

41484075 Esplanade Way 117 West Duval Street

4155Tallahassee, Florida 32399 - 7020 Jacksonville, Florida 32202

4163Ariel Cook, Esquire Sabrenna C. Chambliss

4169Office of General Counsel Apartment 405

4175City of Jacksonville 1811 Rogero Road

4181Suite 480 Jacksonville, Florida 32211

4186117 West Duval Street

4190Jackso nville, Florida 32244

4194Stanley Gorsica, General Counsel

4198Florida Commission on Human Relations

4203Room 110

42054075 Esplanade Way

4208Tallahassee, Florida 32399

4211N OTICE OF R IGHT T O S UBMIT E XCEPTIONS

4222All parties have the right to submit written exceptions within 15 days from

4235the date of this Recommended Order. Any ex ceptions to this Recommended

4247Order should be filed with the agency that will issue the Final Order in this

4262case.

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Date
Proceedings
PDF:
Date: 01/27/2022
Proceedings: Agency Final Order
PDF:
Date: 01/27/2022
Proceedings: Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
PDF:
Date: 11/22/2021
Proceedings: Recommended Order
PDF:
Date: 11/22/2021
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 11/22/2021
Proceedings: Recommended Order (hearing held October 15, 2021). CASE CLOSED.
PDF:
Date: 11/05/2021
Proceedings: Respondent's Proposed Recommended Order filed.
PDF:
Date: 10/25/2021
Proceedings: Notice of Filing Transcript.
Date: 10/25/2021
Proceedings: Transcript (not available for viewing) filed.
Date: 10/15/2021
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 10/13/2021
Proceedings: Respondent's Witness List filed.
Date: 10/11/2021
Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
PDF:
Date: 10/08/2021
Proceedings: Court Reporter Request filed.
PDF:
Date: 10/08/2021
Proceedings: Respondent's Notice of Filing Proposed Exhibits filed.
PDF:
Date: 09/20/2021
Proceedings: Order Granting Motion to Withdraw.
PDF:
Date: 09/07/2021
Proceedings: Consented Motion to Withdraw filed.
PDF:
Date: 08/31/2021
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 08/31/2021
Proceedings: Notice of Hearing by Zoom Conference (hearing set for October 15, 2021; 9:00 a.m., Eastern Time).
PDF:
Date: 08/31/2021
Proceedings: Letter from Petitioner filed.
PDF:
Date: 08/30/2021
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 08/30/2021
Proceedings: Notice of Appearance (Ariel Cook) filed.
PDF:
Date: 08/23/2021
Proceedings: Initial Order.
PDF:
Date: 08/19/2021
Proceedings: Employment Complaint of Discrimination filed.
PDF:
Date: 08/19/2021
Proceedings: Notice of Determination: No Reasonable Cause filed.
PDF:
Date: 08/19/2021
Proceedings: Determination: No Reasonable Cause filed.
PDF:
Date: 08/19/2021
Proceedings: Petition for Relief filed.
PDF:
Date: 08/19/2021
Proceedings: Transmittal of Petition filed by the Agency.

Case Information

Judge:
LAWRENCE P. STEVENSON
Date Filed:
08/19/2021
Date Assignment:
08/23/2021
Last Docket Entry:
01/27/2022
Location:
Jacksonville, Florida
District:
Northern
Agency:
ADOPTED IN TOTO
 

Counsels

Related Florida Statute(s) (7):