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Home / Complaints / Final Orders / Final Orders 2004 / FCHR Order No. 04-148

STATE OF FLORIDA
COMMISSION ON HUMAN RELATIONS

CATRENA GULLEY,                                                

 

            Petitioner,                                                                    

 

v.                                                                                            

 

SHANDS TEACHING HOSPITAL &                                   

CLINIC, INC.,

                                     

     Respondent.

                              

EEOC Case No. 15DA300540
FCHR Case No. 23-01541
DOAH Case No. 04-1606
FCHR Order No. 04-148

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

  On  March 11, 2003, Petitioner filed a complaint of discrimination pursuant to Florida Civil Rights Act of 1992, Sections 760.01-760.11, Florida Statutes (2001), alleging that the Respondent committed an unlawful employment practice when she was unfairly treated at work and, ultimately, terminated because of her race and in retaliation.  The allegations set forth in the complaint were investigated and on April 8, 2004, the Executive Director issued his determination that there was no reasonable cause to believe that a discriminatory act occurred.   The Petitioner filed a Petition for Relief and was given a formal evidentiary hearing in Gainesville, Florida, on September 22, 2004.  Petitioner failed to make an appearance at the hearing.

Judge Don W. Davis, issued a Recommended Order of Dismissal dated October 4, 2004. 

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

 

Findings of Fact and Conclusions of Law

 

            Judge Davis’s order states that Petitioner failed to appear at a formal hearing that she requested under Section 120.57(1), Florida Statutes. 

With regard to the steps necessary for establishing that an unlawful employment practice has occurred, it has been stated, “The initial burden is upon Petitioner to establish a prima facie case of discrimination.  Once Petitioner established a prima facie case, a presumption of unlawful discrimination is created.  The burden then shifts to Respondent to show a legitimate, nondiscriminatory reason for its action.  If Respondent carries this burden, Petitioner then must prove by a preponderance of the evidence that the reason offered by the Respondent is not its true reason, but only a pretext for discrimination.”  See conclusions of law adopted by a Commission panel in Spradlin vs. Washington Mutual Bank,d/b/a Great Western. 23 F.A.L.R. 3359, at 3364, 3365 (FCHR 2001), citations from the quoted statement omitted.

We adopt the Administrative Law Judge’s finding as to the fact that the Petitioner did not pursue the complaint and further conclude the Petitioner has failed to carry her burden of proof.  

 

Exceptions

 

            Neither party filed any exceptions to the Recommended Order.

 

Dismissal

 

      The Request for Relief and Complaint of Discrimination are DISMISSED with prejudice.

 

            The parties have the right to seek judicial review of this Order.  The Commission and the appropriate District Court of Appeal must receive notice of appeal within 30 days of the date this Order is filed with the Clerk of the Commission.  Explanation of the right to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.


Done and Ordered this 7th day of December, 2004.
For The Florida Commission on Human Relations.

  

Commissioner Rita Craig, Panel Chairperson;                                                    Commissioner Roosevelt Paige; and

Commissioner Dominique B. Saliba, M.D.

Filed this 7th day December, 2004,
in Tallahassee, Florida.

  

  

Violet Crawford, Clerk of the
Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082, Ext. 1032

NOTICE TO COMPLAINANT/PETITIONER

 

            As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request the EEOC to review this Commission’s final agency action.  To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order.  Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131

 

Copies furnished to:

 

Catrena Gulley

389 Upton Avenue

Battle Creek, Michigan 49015

 

Catrena Gulley

PO Box 389

Gainesville, Florida 32065

 

Kevin D. Johnson, Esquire

Thompson, Sizemore & Gonzalez, P.A.

501 East Kennedy Boulevard, Suite 1400

Tampa, Florida 33602

 

Honorable Don W. Davis, Administrative Law Judge (DOAH)

 

Jim Tait, Legal Advisor for Commission Panel

  

Violet Crawford

Clerk of the Commission

Florida Commission on Human Relations