STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ELIZABETH MOORE )

)

Petitioner, )

)

vs. ) CASE NO. 88-2595

)

HEAVENLY BODIES II )

)

Respondent. )

)

RECOMMENDED ORDER

The final hearing in this case was held on August 24, 1988, in Clearwater, Florida, before Donald D. Conn, Hearing Officer, Division of Administrative Hearings. The Petitioner, Elizabeth Moore, was present and represented herself, but the Respondent, Heavenly Bodies II, was not represented.

This case arose on a charge of discrimination based upon sexual harassment filed before the City of Clearwater, Office of Community Relations, by Petitioner against Respondent. The Petitioner testified at the hearing. No transcript or posthearing filings were submitted.

FINDINGS OF FACT

1. On or about March 8, 1988, Petitioner filed a charge of discrimination based upon sexual harassment with the City of Clearwater, Office of Community Relations, involving Respondent.

   
   

2. Petitioner had been employed at Respondent from approximately April, 1987 until she resigned in November, 1987.

   
   

3. This case was duly noticed for hearing on August 24, 1988, by Notice of Hearing dated June 6, 1988. Petitioner received this Notice of Hearing, and did appear at the hearing.

   
   

4. Petitioner testified, under oath, at the hearing that she did not want to pursue her claim of sexual harassment, and would offer no evidence in support of her claim. In fact, she did not offer any evidence in support of her claim.

   
   

   CONCLUSIONS OF LAW

   
   

5. The Division of Administrative Hearings has jurisdiction over the parties, and the subject matter in this cause. Section 120.65(9), Florida Statutes; Pinellas County Ordinance 84-10.

   
   

6. The Petitioner bears the initial burden of establishing a prima facie case of discrimination based upon sexual harassment. McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973); Teamsters v. United States, 431 U.S. 324 (1977). Since the Petitioner did not present any evidence at hearing, she did not establish a prima facie case of discrimination. After questioning by the

undersigned Hearing Officer, and after full and deliberate consideration, the Petitioner testified, under oath, that she did not want to pursue her claim. Petitioner has not met her initial burden of proof, and therefore her claim must be dismissed.

RECOMMENDATION

Based upon the foregoing, it is recommended that Petitioner's claim of discrimination based upon sexual harassment against Respondent be DISMISSED.

DONE AND ENTERED this 6th day of September, 1988 in Tallahassee, Florida.

DONALD D. CONN

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 6th day of September, 1988.

COPIES FURNISHED:

Elizabeth Moore

1411 Illinois Avenue

Palm Harbor, Florida 34663

Scott McGregor, Owner Heavenly Bodies II 3323 U.S. 19 North

Clearwater, Florida 34619

Ronald M. McElrath

Office of Community Relations Post Office Box 4748 Clearwater, Florida 34618

Miles Lance, Esquire Post Office Box 4748

Clearwater, Florida 34618

Docket for Case No: 88-002595

Orders for Case No: 88-002595