21-002532
Sabrenna Chambliss vs.
Duval County Public Schools
Status: Closed
Recommended Order on Monday, November 22, 2021.
Recommended Order on Monday, November 22, 2021.
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.
- Date
- Proceedings
- 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 cover letter identifying the hearing record referred to the Agency.
- Date: 10/25/2021
- Proceedings: Transcript (not available for viewing) filed.
- Date: 10/15/2021
- Proceedings: CASE STATUS: Hearing Held.
- Date: 10/11/2021
- Proceedings: Respondent's Proposed Exhibits filed (exhibits not available for viewing).
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
-
Tammy S Barton, Agency Clerk
Address of Record -
Sabrenna C Chambliss
Address of Record -
Ariel Cook, Esquire
Address of Record -
Ashley Benson Rutherford, Esquire
Address of Record