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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-033

FCHR Order No. 10-033

Date of Release: 04/20/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

SUSIE M. WALTON BANKS

EEOC Case No. 15D200800406

Petitioner

 

v.

FCHR Case No. 2008-01159

   

CIVIGENICS / COMMUNITY EDUCATION CENTERS

DOAH Case No. 08-4875

Respondent

FCHR Order No. 10-033

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Susie M. Walton Banks filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2007), alleging that Respondent Civigenics / Community Education Centers committed unlawful employment practices on the bases of Petitioner’s race (Black) and sex (female) by subjecting Petitioner to disparate treatment, by demoting and involuntarily transferring Petitioner, by denying Petitioner an appeal and by causing Petitioner loss of wages.

The allegations set forth in the complaint were investigated, and, on August 25, 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 in Gainesville, Florida, on September 1, 2, and 24, 2009, and by video teleconference between sites in Tallahassee and Gainesville, Florida, on October 21, 2009, before Administrative Law Judge Barbara J. Staros.

Judge Staros issued a Recommended Order of dismissal, dated January 26, 2010.

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. 10-033

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 of the parties 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 20th day of April , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Billy Whitefox Stall

Filed this 20th day of April , 2010,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 10-033

Page 3

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:

Susie M. Walton Banks

c/o Ted Nichols, Esq.

Nichols Law Firm, P.A.

Post Office Box 357055

Gainesville, FL 32635-7055

Civigenics / Community Education Centers

c/o Richard N. Margulies, Esq.

Jackson Lewis, LLP

245 Riverside Avenue, Suite 450

Jacksonville, FL 32202

Barbara J. Staros, 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 20th day of April , 2010.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations