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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-056

FCHR Order No. 13-056

Date of Release: 08/19/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

LINDA DODGE

EEOC Case No.

510201203332

 

Petitioner

FCHR Case No.

2012-02297

   

DOAH Case No.

12-3877

 

v.

FCHR Order No. 13-056

 

AMERICAN SUPPORT

 
 

Respondent

 
     

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Linda Dodge 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 American Support committed unlawful employment practices on the basis of Petitioner’s sex (female) by harassing Petitioner, demoting Petitioner, and by not giving Petitioner a pay raise, and on the bases of Petitioner’s sex (female) and retaliation by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on November 19, 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 teleconference at sites in Greenfield, Massachusetts, and Tallahassee and Orlando, Florida, on April 25, 2013, before Administrative Law Judge Suzanne Van Wyk.

Judge Van Wyk issued a Recommended Order of dismissal, dated June 6, 2013.

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. 13-056

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 19th day of August , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo-Garcia; and

Commissioner Michell Long

Filed this 19th day of August , 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. 13-056

Page 3

Copies furnished to:

Linda Dodge

61 West Street

Greenfield, MA 01301

American Support

c/o Adam C. Herman, Esq.

Marshall, Dennehey, Warner, Coleman

and Goggin, P.A.

315 East Robinson Street, Suite 550

Orlando, FL 32801

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 19th day of August , 2013.

By: _________/s/_______________

Clerk of the Commission

Florida Commission on Human Relations