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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-066

FCHR Order No. 10-066

Date of Release: 09/07/2010




EEOC Case No. 15D200900592




FCHR Case No. 2009-02026



DOAH Case No. 09-7035



FCHR Order No. 10-066




Preliminary Matters

Petitioner Angella Williams 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 Crown Wine and Spirits committed unlawful employment practices on the bases of Petitioner’s race (African-American) and sex (female / pregnancy) by terminating Petitioner from employment and by compensating Petitioner less than similarly situated white male employees. In addition, Petitioner alleged that her termination was in retaliation for having rejected the sexual advances of a supervisor.

The allegations set forth in the complaint were investigated, and, on November 20, 2009, the Executive Director issued his determination finding that there was 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 April 16, 2010, before Administrative Law Judge Robert E. Meale.

Judge Meale issued a Recommended Order of dismissal, dated June 15, 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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the

Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human

FCHR Order No. 10-066

Page 2

Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008), Beach-Gutierrez v. Bay Medical Center, FCHR Order No. 05-011 (January 19, 2005), and Waaser v. Streit’s Motorsports, FCHR Order No. 04-157 (November 30, 2004).

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.


While, prior to the issuance of the Recommended Order, Petitioner filed with the Division of Administrative Hearings a document entitled, “Petitioner’s Exceptions to the Administrative Law Judge’s (1) Ruling that Emotional Distress Damages are Unavailable and (2) Exclusion of Evidence Regarding Emotional Distress and Proffer of Evidence,” neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.


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 7th day of September , 2010.


Commissioner Donna Elam, Panel Chairperson;

Commissioner Lizzette Gamero; and

Commissioner Watson Haynes, II

Filed this 7th day of September , 2010,

in Tallahassee, Florida.

FCHR Order No. 10-066

Page 3


Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082


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:

Angella Williams

c/o Robert Anthony Bogdan, Esq.

Law Offices of Robert Anthony Bogdan

410 Southeast 1st Terrace

Pompano Beach, FL 33060-7108

Crown Wine and Spirits

c/o Salvatore H. Fasulo, Esq.

Tripp Scott, P.A.

110 Southeast Sixth Street, 15th Floor

Fort Lauderdale, FL 33301

Robert E. Meale, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

FCHR Order No. 10-066

Page 4

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 7th day of September , 2010.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations