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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-046

FCHR Order No. 09-046

Date of Release: 06/03/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

MAUREEN KUCHAR

EEOC Case No. NONE

Petitioner

 

v.

FCHR Case No. 2008-00384

   

CREDITORS INTERCHANGE, LLC

DOAH Case No. 08-2578

Respondent

FCHR Order No. 09-046

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Maureen Kuchar filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2005), alleging that Respondent Creditors Interchange, LLC, committed unlawful employment practices on the bases of Petitioner’s age (DOB: 4-28-55) and sex (female) by subjecting Petitioner to harassment (including sexual harassment) and age-specific jokes, thereby creating a hostile work environment and resulting in Petitioner’s constructive discharge. Petitioner also alleged unlawful retaliation.

The allegations set forth in the complaint were investigated, and, on April 22, 2008, 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 by video teleconference at sites in Tallahassee and Lauderdale Lakes, Florida, on November 24, 2008, before Administrative Law Judge Eleanor M. Hunter.

Judge Hunter issued a Recommended Order of dismissal, dated March 11, 2009.

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

We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge’s findings of fact.

FCHR Order No. 09-046

Page 2

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 3rd day of June , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia A. Fajardo; and

Commissioner Anice R. Prosser

Filed this 3rd day of June , 2009,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 09-046

Page 3

Copies furnished to:

Maureen Kuchar

2550 Northeast 51st Street

Fort Lauderdale, FL 33308

Creditors Interchange, LLC

c/o Katherine A. Terry, Esq.

Ford & Harrison, LLP

300 South Orange Avenue, Suite 1300

Orlando, FL 32801

Eleanor M. Hunter, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 3rd day of June , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations