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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-034

FCHR Order No. 12-034

Date of Release: 07/17/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

STEPHANIE PEARCE

 

EEOC Case No. NONE

Petitioner

 

FCHR Case No. 2011-00204

   

DOAH Case No. 11-2452

v.

 

FCHR Order No. 12-034

     

OSCEOLA REGIONAL MEDICAL CENTER

   

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Stephanie Pearce 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 Osceola Regional Medical Center committed unlawful employment practices on the basis of Petitioner’s disability in the manner in which Petitioner’s work was scheduled and by demoting Petitioner. Petitioner also alleged that Respondent unlawfully terminated Petitioner from employment on the basis of Petitioner’s disability and on the basis of retaliation.

The allegations set forth in the complaint were investigated, and, on May 3, 2011, the Executive Director issued a 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 Orlando, Florida, on March 15, 2012, before Administrative Law Judge J. Lawrence Johnston.

Judge Johnston issued a Recommended Order of dismissal, dated May 15, 2012.

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. 12-034

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 17th day of July , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo; and

Commissioner Michell Long

Filed this 17th day of July , 2012,

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. 12-034

Page 3

Copies furnished to:

Stephanie Pearce

c/o Jerry Girley, Esq.

The Girley Law Firm, P.A.

125 East Marks Street

Orlando, FL 32803

Osceola Regional Medical Center

c/o Thomas M. Findley, Esq.

Messer, Caparello and Self, P.A.

2618 Centennial Place

Tallahassee, FL 32308

J. Lawrence Johnston, 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 17th day of July , 2012.

By: __________/s/_______________

Clerk of the Commission

Florida Commission on Human Relations