Petitioner
Latanya Grimes filed a complaint of discrimination pursuant to
the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11,
Florida Statutes (2001), alleging that Respondent
Alternative Care, Inc., committed unlawful employment practices
by subjecting Petitioner to sexual harassment, and by unlawfully
retaliating against Petitioner.
The allegations set forth in the
complaint were investigated, and, on April 21, 2004, the
Executive Director issued his determination finding that there
was no reasonable cause to believe that an unlawful employment
practice had occurred.
Petitioner filed a Petition for
Relief from an Unlawful Employment Practice, and the case was
transmitted to the Division of Administrative Hearings for the
conduct of a formal proceeding.
An evidentiary hearing was held on
August 4, 2004, in Gainesville, Florida, before Administrative
Law Judge Diane Cleavinger.
Judge Cleavinger issued a
Recommended Order of dismissal, dated October 7, 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
A transcript of the proceeding
before the Administrative Law Judge was not filed with the
Commission.
We adopt the Administrative Law
Judge’s findings of fact.
Conclusions of Law
We find the Administrative Law
Judge’s application of the law to the facts to result in a
correct disposition of the matter.
We adopt the Administrative Law
Judge’s conclusions of law.
Exceptions
Neither party filed exceptions to
the Administrative Law Judge’s Recommended Order.
Dismissal
The Petition 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 23rd day of December, 2004.
For The Florida Commission on Human Relations.
