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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-046

FCHR Order No. 12-046

Date of Release: 09/17/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

DIANNA L. POLLAND

 

EEOC Case No. NONE

Petitioner

 

FCHR Case No. 2011-02486

   

DOAH Case No. 12-1145

v.

 

FCHR Order No. 12-046

     

DEPARTMENT OF CHILDREN AND FAMILIES

   

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Dianna L. Polland filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2010), alleging that Respondent Department of Children and Families committed an unlawful employment practice by terminating Petitioner in retaliation for filing a whistle-blower complaint.

The allegations set forth in the complaint were investigated, and, on March 13, 2012, 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.

Prior to conducting a formal hearing, Administrative Law Judge E. Gary Early issued a Recommended Order of Dismissal, dated June 29, 2012, concluding, “Petitioner’s allegations, taken in the light most favorable to Petitioner, do not support a claim of discrimination or retaliation under section 760.10.”

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

We find the Administrative Law Judge’s findings of fact contained in the Recommended Order of Dismissal to be supported by competent substantial evidence.

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

FCHR Order No. 12-046

Page 2

Conclusions of Law

We find the Administrative Law Judge’s application of the law to the facts contained in the Recommended Order of Dismissal 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 17th day of September , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo; and

Commissioner Michael Keller

Filed this 17th day of September , 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. 12-046

Page 3

Copies furnished to:

Dianna L. Polland

1415 Whitmire Circle

Hendersonville, NC 28791

Department of Children and Families

c/o David Gregory Tucker, Esq.

NE Regional Counsel

5920 Arlington Expressway

Jacksonville, FL 32231-0083

E. Gary Early, 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 September , 2012.

By: ________/s/_________________

Clerk of the Commission

Florida Commission on Human Relations