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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-039

FCHR Order No. 11-039

Date of Release: 05/12/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

TAMARA A. GLEASON

EEOC Case No. 846201014616

Petitioner

FCHR Case No. 2010-01263

 

DOAH Case No. 10-6756

v.

 
 

FCHR Order No. 11-039

RICOH AMERICAS CORP.

 

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Tamara A. Gleason filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2009), alleging that Respondent, Ricoh Americas Corp., committed unlawful employment practices on the basis of Petitioner’s sex (female) by subjecting Petitioner to different terms and conditions of employment and by demoting Petitioner. Petitioner also alleged that her demotion was unlawful retaliation for having complained about sex discrimination.

The allegations set forth in the complaint were investigated, and, on June 30, 2010, 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 Fort Lauderdale, Florida, on November 22, 2010, before Administrative Law Judge John D.C. Newton, II.

Judge Newton issued a Recommended Order of dismissal, dated February 18, 2011.

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. 11-039

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 12th day of May , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Lizzette Romano

Filed this 12th day of May , 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. 11-039

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:

Tamara A. Gleason

c/o Kimberly A. Gilmour, Esq.

4179 Davie Road, Suite 101

Davie, FL 33314

Ricoh Americas Corp.

c/o David A. Young, Esq.

Fisher & Phillips, LLP

200 South Orange Avenue, Suite 1100

Orlando, FL 32801

John D. C. Newton, II, 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 12th day of May , 2011.

By: __________/s/________________

Clerk of the Commission

Florida Commission on Human Relations