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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-013

FCHR Order No. 13-013

Date of Release: 02/26/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

TERESA URBINA

EEOC Case No. 846201213071

Petitioner

FCHR Case No. 2012-00912

 

DOAH Case No. 12-2441

v.

 

SANMAR

FCHR Order No. 13-013

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Teresa Urbina 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 SanMar committed unlawful employment practices on the basis of Petitioner’s disability by discriminating against Petitioner in the terms and conditions of her employment and by failing to accommodate Petitioner’s disability.

The allegations set forth in the complaint were investigated, and, on July 2, 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 Jacksonville, Florida, on September 13, 14 and 25, 2012, before Administrative Law Judge Barbara J. Staros.

Judge Staros 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. 13-013

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 26th day of February , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Lizzette Romano; and

Commissioner Mario M. Valle

Filed this 26th 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. 13-013

Page 3

Copies furnished to:

Teresa Urbina

1535 Blanding Boulevard, Apt. 1102

Middleburg, FL 32068

SanMar

c/o Michael G. Prendergast, Esq.

c/o Lindsay Dennis Swiger, Esq.

Holland and Knight, LLP

50 North Laura Street, Suite 3900

Jacksonville, FL 32202

Barbara J. Staros, 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 26th day of February , 2013.

By: ____________/s/____________

Clerk of the Commission

Florida Commission on Human Relations