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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-012

FCHR Order No. 11-012

Date of Release: 02/08/2011




EEOC Case No. 15D200900733




FCHR Case No. 2009-01641



DOAH Case No. 10-1180


FCHR Order No. 11-012




Preliminary Matters

Petitioner Carolyn R. Ostrum 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, A Unique Floor of the Gulf Coast I, committed unlawful employment practices on the basis of Petitioner’s sex (female) by terminating Petitioner from employment and by subjecting Petitioner to sexual harassment.

The allegations set forth in the complaint were investigated, and, on January 19, 2010, 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 on May 25, 2010, in Marianna, Florida, before Administrative Law Judge Suzanne F. Hood.

Judge Hood issued a Recommended Order, dated June 16, 2010, recommending that the Commission find that an unlawful employment practice occurred and recommending affirmative relief.

The Commission issued an “Order Awarding Affirmative Relief from an Unlawful Employment Practice and Remanding Case to Administrative Law Judge for Issuance of Recommended Order Regarding Amounts of Back Pay Owed Petitioner,” FCHR Order No. 10-067, dated September 7, 2010.

Judge Hood issued a Recommended Order, dated November 18, 2010, recommending the Commission enter a final order requiring Respondent to pay Petitioner $5,058.18 in back pay.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order, dated November 18, 2010.

FCHR Order No. 11-012

Page 2

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

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.


Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.

Affirmative Relief / Back Pay Award

Through our adoption of the Administrative Law Judge’s findings of fact and conclusions of law, as set out above, we have adopted the Administrative Law Judge’s recommendation for the amount of back pay owed Petitioner to remedy the discrimination found to have occurred by FCHR Order No. 10-067.

Noting that Respondent has already been ordered by FCHR Order No. 10-067 to cease and desist from discriminating further in the manner it has been found to have unlawfully discriminated against Petitioner, Respondent, A Unique Floor of the Gulf I, is hereby ORDERED to pay Petitioner back pay in the amount of $5,058.18, as recommended by the Administrative Law Judge.

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.

FCHR Order No. 11-012

Page 3

DONE AND ORDERED this 8th day of February , 2011.


Commissioner Donna Elam, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Billy Whitefox Stall

Filed this 8th day of February , 2011,

in Tallahassee, Florida.


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:

Carolyn R. Ostrum

1776 Carolina Street

Alford, FL 32420

A Unique Floor of the Gulf Coast I

c/o Bob Morrisseau, Sr., Owner

2672 West Laurel Drive

Alford, FL 32420

Suzanne F. Hood, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

FCHR Order No. 11-012

Page 4

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 8th day of February , 2011.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations