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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-076

FCHR Order No. 10-076

Date of Release: 09/21/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

LESA BURKAVAGE

EEOC Case No. NONE

Petitioner

 

v.

FCHR Case No. 2009-01352

   

PARRISH MEDICAL CENTER

DOAH Case No. 09-6221

   

Respondent

FCHR Order No. 10-076

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Lesa Burkavage 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 Parrish Medical Center committed unlawful employment practices on the basis of Petitioner’s sex (female) by sexually harassing Petitioner. Petitioner also alleged that Respondent unlawfully retaliated against Petitioner for complaining about the alleged sexual harassment, resulting in Petitioner’s termination.

The allegations set forth in the complaint were investigated, and, on October 12, 2009, 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 Orlando and Tallahassee, Florida, on March 16 and 17, 2010, before Administrative Law Judge Daniel M. Kilbride.

Judge Kilbride issued a Recommended Order of dismissal, dated July 19, 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. 10-076

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 21st day of September , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Joanna Cunningham; and

Commissioner Patty Ball Thomas

Filed this 21st day of September , 2010,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 10-076

Page 3

Copies furnished to:

Lesa Burkavage

c/o James Thomas Gordon, Esq.

c/o David Beers, Esq.

Beers & Gordon, P.A.

821 Douglas Avenue, Suite 185

Altamonte Springs, FL 32714

Parrish Medical Center

c/o Mark E. Levitt, Esq.

c/o Bona Kim, Esq.

Allen, Norton & Blue, P.A.

1477 West Fairbanks Avenue, Suite 100

Winter Park, FL 32789

Daniel M. Kilbride, 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 21st day of September , 2010.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations