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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-060

FCHR Order No. 13-060

Date of Release: 09/12/2013





EEOC Case No. 15D201200794



FCHR Case No. 2012-02141



DOAH Case No. 13-1102



FCHR Order No. 13-060






Preliminary Matters

Petitioner Maria Pfeiffer 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 HCA Raulerson Hospital committed unlawful employment practices on the bases of Petitioner’s race (Asian), color (dark skinned), National Origin (not specified in complaint), sex (female), age (DOB: 11-5-61), and marital status (divorced), and on the basis of retaliation, by suspending and subsequently terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on February 21, 2013, 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 Port St. Lucie and Tallahassee, Florida, on June 13 and 14, 2013, before Administrative Law Judge Jessica E. Varn.

Judge Varn issued a Recommended Order of dismissal, dated July 22, 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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the

FCHR Order No. 13-060

Page 2

Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Gantz, et al. v. Zion’s Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. 11-048 (June 6, 2011), Mack v. Agency for Persons with Disabilities, FCHR Order No. 11-026 (March

17, 2011), Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008), Beach-Gutierrez v. Bay Medical Center, FCHR Order No. 05-011 (January 19, 2005), and Waaser v. Streit’s Motorsports, FCHR Order No. 04-157 (November 30, 2004).

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.


Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.


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.


Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michael Keller; and

Commissioner Lizzette Romano

FCHR Order No. 13-060

Page 3

Filed this 12th day of September , 2013,

in Tallahassee, Florida.


Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Maria Pfeiffer

c/o Peggy A. Underbrink, Esq.

Peggy Underbrink, Attorney at Law

5737 Lowell Avenue

Post Office Box 441044

Indianapolis, IN 46244

HCA Raulerson Hospital

c/o Allison Oasis Kahn, Esq.

Carlton Fields, P.A.

Post Office Box 150

West Palm Beach, FL 33402

Jessica E. Varn, 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