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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-066

FCHR Order No. 11-066

Date of Release: 08/02/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

TANIA APONTE

EEOC Case No. NONE

Petitioner

FCHR Case No. 2010-01250

 

DOAH Case No. 10-7920

v.

 

WATSON PHARMACEUTICALS, INC.

FCHR Order No. 11-066

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Tania Aponte 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 Watson Pharmaceuticals, Inc., committed unlawful employment practices on the basis of Petitioner’s sex (female) by subjecting Petitioner to sexual harassment and by terminating Petitioner from employment. Petitioner also alleged that she was unlawfully disciplined and terminated in retaliation for having complained about sexual harassment.

The allegations set forth in the complaint were investigated, and, on July 2, 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 by video teleconference at sites in Fort Lauderdale and Tallahassee, Florida, on April 1, 2011, before Administrative Law Judge John D. C. Newton, II.

Judge Newton issued a Recommended Order of dismissal, dated May 31, 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. 11-066

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 2nd day of August , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Mario M. Valle

Filed this 2nd day of August , 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. 11-066

Page 3

Copies furnished to:

Tania Aponte

c/o Stewart Lee Karlin, Esq.

Karlin Law Group, P.A.

400 Southeast 8th Street

Fort Lauderdale, FL 33316

Tania Aponte

c/o Stewart Lee Karlin, Esq.

The Law Office of Stewart Lee Karlin, P.C.

9 Murray Street, 4-W

New York, NY 10007

Watson Pharmaceuticals, Inc.

c/o Teresa Ragatz, Esq.

Isicoff, Ragatz & Koenigsberg, P.A.

1200 Brickell Avenue, Suite 1900

Miami, FL 33131

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 2nd day of August , 2011.

By: __________/s/_______________

Clerk of the Commission

Florida Commission on Human Relations