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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-009

FCHR Order No. 13-009

Date of Release: 02/06/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

STEPHANIE RICHARDSON

EEOC Case No. NONE

Petitioner

FCHR Case No. 2011-01816

 

DOAH Case No. 12-0540

v.

 

DEPARTMENT OF CORRECTIONS

FCHR Order No. 13-009

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Stephanie Richardson 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 Corrections committed unlawful employment practices on the basis of Petitioner’s sex (female / sexual harassment) by subjecting Petitioner to a hostile work environment and by constructively discharging Petitioner.

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 Lake Butler, Florida, on June 1, 2012, before Administrative Law Judge F. Scott Boyd.

Judge Boyd issued a Recommended Order of dismissal, dated November 30, 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. 13-009

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. 13-009

Page 3

Copies furnished to:

Stephanie Richardson

c/o Anita J. Patel, Esq.

c/o Lisa A. Schlitzkus, Esq.

Law Office of Lisa A. Schlitzkus, P.A.

118 North Marion Avenue

Lake City, FL 32055

Department of Corrections

c/o Michael Bryan Golen, Esq.

501 South Calhoun Street

Tallahassee, FL 32399

F. Scott Boyd, 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