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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-050

FCHR Order No. 12-0510

Date of Release: 09/17/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

CHERYL GLOVETTE COBB

 

EEOC Case No.

15D201100496

Petitioner

 

FCHR Case No. 2011-02212

   

DOAH Case No. 12-0538

v.

 

FCHR Order No. 12-050

     

BAYSIDE MANOR NURSING HOME

   

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Cheryl Glovette Cobb filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2011), alleging that Respondent Bayside Manor Nursing Home committed unlawful employment practices on the bases of Petitioner’s race (Black), color, and sex (female) by harassing and disciplining Petitioner, and by terminating Petitioner in retaliation for complaining about the alleged discrimination.

The allegations set forth in the complaint were investigated, and, on January 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.

An evidentiary hearing was held in Pensacola, Florida, on May 2, 2012, before Administrative Law Judge Diane Cleavinger.

Judge Cleavinger issued a Recommended Order of dismissal, dated July 20, 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. 12-050

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 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. 12-050

Page 3

Copies furnished to:

Cheryl Glovette Cobb

1101 West Cross Street

Pensacola, FL 32503

Cheryl Glovette Cobb

Post Office Box 19055

Pensacola, FL 32523

Bayside Manor Nursing Home

c/o David P. Steffen, Esq.

Constangy, Brooks, & Smith, LLP

100 North Tampa Street, Suite 3350

Tampa, FL 33602

Diane Cleavinger, 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