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TANIA APONTE vs WATSON PHARMACEUTICALS, INC., 10-007920 (2010)

Court: Division of Administrative Hearings, Florida Number: 10-007920 Visitors: 87
Petitioner: TANIA APONTE
Respondent: WATSON PHARMACEUTICALS, INC.
Judges: JOHN D. C. NEWTON, II
Agency: Commissions
Locations: Lauderdale Lakes, Florida
Filed: Aug. 18, 2010
Status: Closed
Recommended Order on Tuesday, May 31, 2011.

Latest Update: Aug. 02, 2011
Summary: Did sexual harassment of Petitioner, Tania Aponte (Ms. Aponte), if any, create a hostile work environment? Did Respondent, Watson Pharmaceuticals, Inc. (Watson) discriminate against Ms. Aponte based on her gender by terminating her employment in March 2009? Did Watson retaliate against Ms. Aponte for complaining about alleged sexual harassment?Employer discharged employee for chronic absenteeism, not on account of her gender or as retaliation for an unfounded complaint of sexual harassment. The
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


TANIA APONTE, EEOC Case No. NONE


Petitioner, FCHR Case No. 2010-01250


v. DOAH Case No. 10-7920


WATSON PHARMACEUTICALS, INC., FCHR Order No. 11-066


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Tania Aponte filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2007), alleging that Respondent Watson Pharmaceuticals, Inc., committed unlawful employment practices on the basis of Petitioner’s sex (female) by subjecting Petitioner to sexual harassment and by terminating Petitioner from employment. Petitioner also alleged that she was unlawfully disciplined and terminated in retaliation for having complained about sexual harassment.

The allegations set forth in the complaint were investigated, and, on July 2, 2010, the Executive Director issued his 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 Fort Lauderdale and Tallahassee, Florida, on April 1, 2011, before Administrative Law Judge John D. C. Newton, II.

Judge Newton issued a Recommended Order of dismissal, dated May 31, 2011.

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.


Filed August 2, 2011 8:24 AM Division of Administrative Hearings


FCHR Order No. 11-066

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 2nd day of August , 2011. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Donna Elam, Panel Chairperson; Commissioner Watson Haynes, II; and Commissioner Mario M. Valle


Filed this 2nd day of August , 2011, 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. 11-066

Page 3


Copies furnished to:


Tania Aponte

c/o Stewart Lee Karlin, Esq. Karlin Law Group, P.A.

400 Southeast 8th Street Fort Lauderdale, FL 33316


Tania Aponte

c/o Stewart Lee Karlin, Esq.

The Law Office of Stewart Lee Karlin, P.C. 9 Murray Street, 4-W

New York, NY 10007


Watson Pharmaceuticals, Inc. c/o Teresa Ragatz, Esq.

Isicoff, Ragatz & Koenigsberg, P.A. 1200 Brickell Avenue, Suite 1900

Miami, FL 33131


John D. C. Newton, II, 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 2nd day of August , 2011.


By: /s/

Clerk of the Commission

Florida Commission on Human Relations


Tania Aponte v. Watson Pharmaceuticals, Inc. DOAH 10-7920

FCHR 2010-01250

EEOC None

FCHR Order No. 11-066


Type of case: Employment

Basis of discrimination: sex (female / sexual harassment), retaliation Commission staff determination: No Cause

ALJ recommendation: dismissal

Commission panel final action: Adopt Recommended Order Key Words: sexual harassment, termination, retaliation


ADDRESSES FOR NOTICE:


For Petitioner…..


Tania Aponte

c/o Stewart Lee Karlin, Esq. Karlin Law Group, P.A.

400 Southeast 8th Street Fort Lauderdale, FL 33316


Tania Aponte

c/o Stewart Lee Karlin, Esq.

The Law Office of Stewart Lee Karlin, P.C. 9 Murray Street, 4-W

New York, NY 10007 For Respondent…..

Watson Pharmaceuticals, Inc. c/o Teresa Ragatz, Esq.

Isicoff, Ragatz & Koenigsberg, P.A. 1200 Brickell Avenue, Suite 1900

Miami, FL 33131 DOCKET INFORMATION:

Rec Order: Dismissal Transcript: Yes Exhibits: Yes Exceptions: No


STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


Order Approval/Disapproval


TO: FCHR Commissioners impaneled to decide the below-referenced case FROM: Jim Mallue, Assistant General Counsel

RE: Aponte v. Watson Pharmaceuticals, Inc.

DOAH 10-7920; FCHR 2010-01250; FCHR Order No. 11-066


Accompanying this “Order Approval/Disapproval” page is a copy of a final order drafted by the Panel’s counsel / legal advisor containing counsel’s recommendation to you regarding the disposition of the case. This case has been returned to the Commission from the Division of Administrative Hearings.


Please review the case record and determine whether you are in agreement with the recommendations contained in the order drafted by Commission counsel.


Further, please indicate your approval or disapproval of the order drafted by Commission counsel by signing on the appropriate line below, and returning this form by FAX to Denise Crawford in the Commission’s Tallahassee office at 850-488-5291, and by then returning this form by Mail to Ms. Denise Crawford, Clerk of the Commission, Florida Commission on Human Relations, 2009 Apalachee Parkway, Suite 100, Tallahassee, FL 32301. If a majority of the panel approves of the order, the order will be entered by the Clerk of the Commission.


# # #


I approve of the order drafted to reflect the Commission’s disposition of this matter:


, Commissioner.


I do not approve of the order drafted to reflect the Commission’s disposition of this matter:


, Commissioner.


END


Docket for Case No: 10-007920
Issue Date Proceedings
Aug. 02, 2011 Agency Final Order filed.
Jun. 02, 2011 Transmittal letter from Claudia Llado forwarding Petitioner's proposed exhibits, to the agency.
May 31, 2011 Recommended Order cover letter identifying the hearing record referred to the Agency.
May 31, 2011 Recommended Order (hearing held April 1, 2011). CASE CLOSED.
May 17, 2011 Transcript of Proceedings (not available for viewing) filed.
May 03, 2011 (Proposed) Recommended Order filed.
Apr. 25, 2011 Order Granting Extension of Time.
Apr. 25, 2011 Notice of Respondent, Watson Pharmaceuticals, Inc., of Filing Proposed Recommended Order filed.
Apr. 22, 2011 Unopposed Motion for an Extension of Time filed.
Apr. 14, 2011 Notice of Respondent, Watson Pharmaceuticals, Inc., of Filing Transcript of Proceedings filed.
Apr. 01, 2011 CASE STATUS: Hearing Held.
Mar. 29, 2011 Letter to Judge Newton from S. Karlin regarding Petitioner's proposed Exhibits (exhibits not available for viewing)
Mar. 28, 2011 Petitioner?s Amended (Proposed) Exhibit List filed.
Jan. 05, 2011 Petitioner's Emergency Motion for a Hearing filed.
Jan. 05, 2011 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for April 1, 2011; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Jan. 05, 2011 Notice of Filing Petitioner's Additional Exhibits (exhibits not attached) filed.
Jan. 05, 2011 Petitioner's Exhibit List (exhibits not attached) filed.
Jan. 04, 2011 Notice of Respondent, Watson Pharmaceuticals, Inc., of Objection to Additional Exhibit filed.
Jan. 04, 2011 Notice of Respondent, Watson Pharmaceuticals,Inc., of Retention of Court Reporter filed.
Jan. 04, 2011 Notice of Filing Additional Exhibit (exhibit not available for viewing) filed.
Dec. 28, 2010 Pre-hearing Joint Stipulation filed.
Dec. 28, 2010 Respondent's Exhibit List (exhibits not available for viewing) filed.
Dec. 28, 2010 Respondent, Watson Pharmaceuitcals, Inc's Notice of Filing Exhibit List and Exhibits to be Offered at Final Hearing filed.
Dec. 22, 2010 Notice of Adding Additional Office Address filed.
Dec. 22, 2010 Re-notice of Taking Deposition of Tania Aponte filed.
Dec. 21, 2010 Response of Watson Pharmaceuticals, Inc. in Opposition to Petitioner's Motion to Compel and for Sanctions filed.
Dec. 21, 2010 CASE STATUS: Motion Hearing Held.
Dec. 21, 2010 Order Granting Motions to Compel and Denying Sanctions.
Dec. 21, 2010 Response of Watson Pharmaceuticals, Inc. in Opposition to Petitioner's Motion to Compel and for Sanctions filed.
Dec. 20, 2010 Petitioner's Response to Motion for Sanctions filed.
Dec. 17, 2010 Petitioners Notice of Motion and Motion to Compel and for Sanctions filed.
Dec. 17, 2010 Notice of Telephonic Motion Hearing and Order to Respond to Motion (motion hearing set for December 21, 2010; 2:00 p.m.).
Dec. 17, 2010 Respondent's Motion to Compel and for the Imposition of Sanctions filed.
Dec. 07, 2010 Response to Petitioner's Request to Produce filed.
Dec. 07, 2010 Notice of Taking Deposition of Tania Aponte filed.
Oct. 21, 2010 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for January 7, 2011; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Oct. 21, 2010 Notice of Telephonic Pre-hearing Conference (set for January 3, 2011; 9:30 a.m.).
Oct. 01, 2010 Respondent's Unopposed Motion to Reschedule Hearing filed.
Sep. 14, 2010 Respondent's First Set of Interrogatories filed.
Sep. 14, 2010 Defendant's First Request for Production of Documents filed.
Sep. 02, 2010 Notice of Telephonic Pre-hearing Conference (set for November 8, 2010; 9:00 a.m.).
Sep. 02, 2010 Order Directing Filing of Exhibits
Sep. 02, 2010 Order of Pre-hearing Instructions.
Sep. 02, 2010 Notice of Hearing by Video Teleconference (hearing set for November 19, 2010; 9:00 a.m.; Lauderdale Lakes and Tallahassee, FL).
Aug. 30, 2010 Notice of Transfer.
Aug. 26, 2010 Joint Response to Initial Order filed.
Aug. 26, 2010 Notice of Appearance (of E. Isicoff) filed.
Aug. 20, 2010 Initial Order.
Aug. 18, 2010 Charge of Discrimination filed.
Aug. 18, 2010 Determination: No Cause filed.
Aug. 18, 2010 Notice of Determination: No Cause filed.
Aug. 18, 2010 Petition for Relief filed.
Aug. 18, 2010 Transmittal of Petition filed by the Agency.

Orders for Case No: 10-007920
Issue Date Document Summary
Aug. 02, 2011 Agency Final Order
May 31, 2011 Recommended Order Employer discharged employee for chronic absenteeism, not on account of her gender or as retaliation for an unfounded complaint of sexual harassment. The employee's supervisor did not subject her to sexual harrasment. Employee did not prove her claims.
Source:  Florida - Division of Administrative Hearings

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