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County Attorney's Report 10. 1.

BCC Regular Meeting

Information

Meeting Date:	11/05/2020
Issue: Krystopher Walden v. Escambia County, FCHR Charge No. 202024819
From:	KIA JOHNSON
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Krystopher Walden v. Escambia County, FCHR Charge No. 202024819.

That the Board be made aware that the County Attorney's Office has successfully defended a charge of discrimination recently filed with the Florida Commission on Human Relations ("FCHR"). Based upon the FCHR's investigation, the FCHR determined that there is no reasonable cause to believe that an unlawful employment practice occurred with respect to Mr. Walden. Therefore, the charge of discrimination was dismissed.

BACKGROUND:

On January 17, 2017, Mr. Walden was hired as a fueler at ECAT. On December 9, 2019, Mr. Walden was terminated from employment with the County. Mr. Walden alleged discrimination based on race, retaliation-FMLA, and disability. The County expressly denied any discriminatory or unlawful employment practice and maintained that Mr. Walden was terminated for excessive excused or unexcused absence occurrences in a 12-month period. Within the 12-month period, Mr. Walden received 10 absence occurrences. Such a pattern of excused or unexcused absences is a violation of the Collective Bargaining Agreement for Mr. Walden's bargaining unit. The FCHR determined that there is no reasonable cause to believe that an unlawful employment practice occurred with respect to Mr. Walden.

BUDGETARY IMPACT:

N/A

LEGAL CONSIDERATIONS/SIGN-OFF:

Assistant County Attorney Kia Johnson has reviewed and approved this recommendation.

PERSONNEL:

N/A

POLICY/REQUIREMENT FOR BOARD ACTION:

N/A

IMPLEMENTATION/COORDINATION:

N/A

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