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County Attorney's Report 11. 2.

BCC Regular Meeting

Information

Meeting Date:	09/03/2020
Issue: Kelly Washington, EEOC Charge No. 510-2019-05656; James E. Scott, EEOC Charge No. 425-2020-00846; Michael R. Raneri, FCHR Charge No. 201919763
From:	KIA JOHNSON
Department:	County Attorney's Office
CAO Approval:

RECOMMENDATION:

Recommendation Concerning Kelly Washington v. Escambia County, EEOC Charge No. 510-2019-05656, James E. Scott v. Escambia County, EEOC Charge No. 425-2020-00846, and Michael R. Raneri v. Escambia County, FCHR Charge No. 201919763.

That the Board be made aware that the County Attorney's Office has successfully defended three separate charges of discrimination previously filed with the U.S. Equal Employment Opportunity Commission ("EEOC") and the Florida Commission on Human Relations ("FCHR"). Based upon the EEOC's investigation in the cases filed by Kelly Washington and James E. Scott, the EEOC was unable to conclude that the complaints established any violation of the federal statutes. Therefore, both EEOC charges of discrimination were dismissed. Based upon the FCHR's investigation in the case filed by Michael R. Raneri, the FCHR determined that there is no reasonable cause to believe that an unlawful employment practice occurred with respect to Mr. Raneri.

BACKGROUND:

In August 2018, Kelly Washington was assigned by Blue Arbor, Inc. to work in Escambia County's Purchasing Office as a temporary Office Support Assistant. In August 2019, Ms. Washington was notified that she was being separated from her temporary assignment due to budgetary constraints and due to her frequent and unanticipated absences. Upon separation from her temporary assignment, Ms. Washington filed a Charge of Discrimination with the EEOC alleging that she was dismissed because of her race, in violation of Title VII of the Civil Rights Act of 1964. Ms. Washington went on to work two more temporary assignments for two different Escambia County departments after her separation from the Escambia County Purchasing Office. Ms. Washington worked for the Escambia County Building Services Department from August 26, 2019 to October 1, 2019. Ms. Washington was offered a full-time position in the Building Services Department. However, she declined the offer. After declining that offer, she performed another temporary assignment in the Escambia County Area Transit Department. That assignment began on December 2, 2019 and ended on March 20, 2020. The County Attorney's Office argued that Escambia County's willingness to continue utilizing Ms. Washington's temporary services was evidence of a lack of intent to discriminate against her. After review of the evidence presented, the EEOC determined that Ms. Washington's allegations did not support any violation of the applicable statutes.

In October 2015, James E. Scott was hired as a mechanic in the Escambia County Area Transit Department. In May 2020, Mr. Scott alleged that a coworker began discriminating against him because of his disability. Mr. Scott filed a union grievance as a result of the alleged incidents. Mr. Scott alleged that after filing his grievance, he was retaliated and discriminated against in violation of Title I of the ADA Amendments Act of 2008. The EEOC determined that Mr. Scott's allegations did not support any violation of the applicable statutes.

In April 2019, Michael R. Raneri applied for a volunteer firefighter position with Escambia County Fire and Rescue ("ECFR"). Mr. Raneri was interviewed for the position. However, ECFR elected not to select Mr. Raneri for the volunteer position. In his Charge of Discrimination, Mr. Raneri alleged that ECFR committed unlawful discrimination on the bases of disability and sex, in violation of the Florida Civil Rights Act of 1992. The County Attorney's Office presented evidence of the grounds for ECFR's decision not to select Mr. Raneri for the volunteer position: namely, Mr. Raneri's unstable behavior during and after the interview, his unannounced appearances at the Public Safety Building, his aggressive outbursts, his repeated demands to speak directly to the Fire Chief, his lack of truthfulness, and the Trespass Warning issued by the Sheriff's Office as a result of his outbursts at the Public Safety Building. In light of the evidence, the FCHR determined that there is no reasonable cause to believe that an unlawful employment practice occurred with respect to Mr. Raneri.

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

Attachments
No file(s) attached.