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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-014

FCHR Order No. 13-014

Date of Release: 02/26/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

RACHEL LYNN BIVINS

EEOC Case No. 425201100282

Petitioner

FCHR Case No. 2011-00755

 

DOAH Case No. 11-4540

v.

 

WEST FLORIDA HOSPITAL

FCHR Order No. 13-014

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Rachel Lynn Bivins 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 West Florida Hospital committed unlawful employment practices on the basis of Petitioner’s race (Black) by denying Petitioner requested time off and by terminating Petitioner from employment. Petitioner also alleged her termination was the result of unlawful retaliation.

The allegations set forth in the complaint were investigated, and, on August 11, 2011, 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 June 20, 2012, before Administrative Law Judge James H. Peterson, III.

Judge Peterson issued a Recommended Order of dismissal, dated September 18, 2012.

The Commission issued an “Order Remanding Case to Administrative Law Judge for Re-Issuance of Recommended Order,” FCHR Order No. 12-063, dated November 16, 2012, remanding the case to the Administrative Law Judge because of concerns over the correctness of the address to which the Recommended Order had been mailed to Petitioner.

Judge Peterson re-issued the order, now entitled, “Recommended Order on Remand,” dated December 4, 2012

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order on Remand.

FCHR Order No. 13-014

Page 2

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.

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 on Remand.

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.

FCHR Order No. 13-014

Page 3

____________/s/_______________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Rachel Lynn Bivins

11237 Genova Terrace

Hampton, GA 30228

West Florida Hospital

c/o Thomas M. Findley, Esq.

Messer, Caparello & Self, P.A.

Post Office Box 15579

Tallahassee, FL 32317

James H. Peterson, III, 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