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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-006

FCHR Order No. 13-006

Date of Release: 02/06/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JANICE B. CAMPBELL

EEOC Case No. 15D201200329

Petitioner

FCHR Case No. 2012-01182

 

DOAH Case No. 12-2617

v.

 

COX CABLE

FCHR Order No. 13-006

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Janice B. Campbell 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 Cox Cable committed an unlawful employment practice on the basis of retaliation by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on July 3, 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 by video teleconference at sites in Pensacola and Tallahassee, Florida, on October 4, 2012, before Administrative Law Judge Suzanne Van Wyk.

Judge Van Wyk issued a Recommended Order of dismissal, dated November 13, 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. 13-006

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 6th day of February , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo-Garcia; and

Commissioner James Johns

Filed this 6th day of February , 2013,

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. 13-006

Page 3

Copies furnished to:

Janice B. Campbell

6270 Confederate Drive

Pensacola, FL 32508

Cox Cable

c/o William Drummond Deveney, Esq.

Elarbee, Thompson, Sapp and Wilson, LLP

800 International Tower

229 Peachtree Street, Northeast

Atlanta, GA 30303

Suzanne Van Wyk, 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 6th day of February , 2013.

By: ________/s/________________

Clerk of the Commission

Florida Commission on Human Relations