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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-059

FCHR Order No. 13-059

Date of Release: 09/12/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

SANDRA A. JONES

EEOC Case No. NONE

 

Petitioner

FCHR Case No. 2012-00598

 

v.

DOAH Case No. 12-2550

 

ORANGE COUNTY CLERK OF COURTS

FCHR Order No. 13-059

 

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Sandra A. Jones 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 Orange County Clerk of Courts committed unlawful employment practices on the basis of Petitioner’s disability and on the basis of retaliation by denying Petitioner’s request for leave of absence without pay following Petitioner’s completion of FMLA leave and by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on June 27, 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 Tallahassee and Orlando, Florida, on April 25, 2013, before Administrative Law Judge Linzie F. Bogan.

Judge Bogan issued a Recommended Order of dismissal, dated June 27, 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. 13-059

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 12th day of September , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michael Keller; and

Commissioner Lizzette Romano

Filed this 12th day of September , 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. 13-059

Page 3

Copies furnished to:

Sandra A. Jones

2652 Cedar Bluff Lane

Ocoee, FL 34761

Orange County Clerk of Courts

c/o Donna M. Hansen, Esq.

Dean, Ringers, Morgan and Lawton, P.A.

Post Office Box 2928

Orlando, FL 32802

Linzie F. Bogan, 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 12th day of September , 2013.

By: ________/s/________________

Clerk of the Commission

Florida Commission on Human Relations