STATE OF FLORIDA
COMMISSION ON HUMAN RELATIONS

Stephanie Prather, Petitioner
V.
Mold-EX Rubber Company, Respondent
EEOC Case No. 15D996008
FCHR Case No. 99-03925
DOAH Case No. 01-3645
FCHR Order No. 02-043
FINAL ORDER DISMISSING REQUEST FOR
RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters
Petitioner
Stephanie Prather filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (1999), alleging that Respondent Mold-Ex Rubber Company committed an unlawful employment practice on the basis of Petitioner's race (Black) and alleged disability (back injury) when it terminated Petitioner from her position.
Petitioner
filed a Request for Administrative Hearing, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.
An
evidentiary hearing was held in Milton, Florida, on November 15, 2001, before Administrative Law Judge P. Michael Ruff.
Judge
Ruff issued a Recommended Order of dismissal, dated March 4, 2002.
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.


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
party filed exceptions to the Administrative Law Judge's Recommended Order.


Dismissal

The
Request for Administrative Hearing 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 5th day of September, 2002.
For The Florida Commission on Human Relations.
  Commissioner Keith Roberts, Panel Chairperson;
Commissioner Juan Montes; and
Commissioner Aletta Shutes
Filed this 5th day September, 2002,
in Tallahassee, Florida.
  
  Violet Crawford, Clerk of the
Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082, Ext. 1032

NOTICE TO COMPLAINANT/PETITIONER

As
your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission's final agency action. To secure a "substantial weight review" by EEOC, you must request it in writing within 15 days of your receipt of this Order. Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131.

Copies furnished to:

Maldrick E. Bright, Esq.
Bright Law Office, P.A.
5189 Stewart Street
Milton, FL 32570

Heather F. Lindsay, Esq.
Johnston, Barton, Proctor & Powell
1901 Sixth Avenue, North
Suite 2900
Birmingham, AL 35203

P. Michael Ruff, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel