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Home / Complaints / Final Orders / Final Orders 2004 / FCHR Order No. 04-161

STATE OF FLORIDA
COMMISSION ON HUMAN RELATIONS

LATANYA GRIMES,                                                          

 

     Petitioner,                                                                          

 

v.                                                                                            

 

ALTERNATIVE CARE, INC.,                                             

                        

    Respondent.                                   

EEOC Case No. 15DA300190
FCHR Case No. 23-00432
DOAH Case No. 04-2035
FCHR Order No. 04-161

FINAL ORDER DISMISSING REQUEST FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters

          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.

  

Commissioner Rita Craig, Panel Chairperson;

Commissioner Roosevelt Paige; and

Commissioner Mario M. Valle

Filed this 23rd 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 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:

 

Latanya Grimes

3204 Southwest 26th Terrace, Apartment A

Gainesville, FL  32608

 

Alternative Care, Inc.

c/o Herbert Webb, Esq.

4400 Northwest 23rd Avenue, Suite E

Gainesville, FL  32606

 

Diane Cleavinger, Administrative Law Judge, DOAH

 

James Mallue, Legal Advisor for Commission Panel

  

Violet Crawford

Clerk of the Commission

Florida Commission on Human Relations