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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-018

FCHR Order No. 11-018

Date of Release: 03/02/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JESSICA MILES

EEOC Case No. NONE

Petitioner

 

v.

FCHR Case No. 2010-01126

   

MACFARLANE, FERGUSON AND MCMULLEN, P.A.

DOAH Case No. 10-8308

Respondent

FCHR Order No. 11-018

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Jessica Miles 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 MacFarlane, Ferguson and McMullen, P.A., committed an unlawful employment practice on the basis of Petitioner’s sex (female / pregnancy) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on July 27, 2010, the Executive Director issued his “Determination: No Jurisdiction,” finding that Petitioner had signed a “general release, which divests the Commission of jurisdiction to pursue this claim.”

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.

Administrative Law Judge Elizabeth W. McArthur considered the matter without an evidentiary hearing.

Judge McArthur issued a Recommended Order of Dismissal, dated December 9, 2010.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order of Dismissal.

Findings of Fact

The Administrative Law Judge set out “undisputed facts,” in the Recommended Order of Dismissal.

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

FCHR Order No. 11-018

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 of Dismissal.

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 2nd day of March , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Darcell Streeter

Filed this 2nd day of March , 2011,

in Tallahassee, Florida.

_________/s/_________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 11-018

Page 3

Copies furnished to:

Jessica Miles

c/o David J. Linesch, Esq.

The Linesch Firm

700 Bee Pond Road

Palm Harbor, FL 34683

MacFarlane, Ferguson and McMullen, P.A.

c/o Frank E. Brown, Esq.

Post Office Box 1531

Tampa, FL 33601

Elizabeth W. McArthur, 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 2nd day of March , 2011.

By: _________/s/_________________

Clerk of the Commission

Florida Commission on Human Relations