STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

STEPHANIE PEARCE, EEOC Case No. NONE

Petitioner, FCHR Case No. 2011-00204

v. DOAH Case No. 11-2452

OSCEOLA REGIONAL MEDICAL FCHR Order No. 12-034 CENTER,

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Stephanie Pearce filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2009), alleging that Respondent Osceola Regional Medical Center committed unlawful employment practices on the basis of Petitioner’s disability in the manner in which

Petitioner’s work was scheduled and by demoting Petitioner. Petitioner also alleged that Respondent unlawfully terminated Petitioner from employment on the basis of

Petitioner’s disability and on the basis of retaliation.

The allegations set forth in the complaint were investigated, and, on May 3, 2011, 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 in Orlando, Florida, on March 15, 2012, before Administrative Law Judge J. Lawrence Johnston.

Judge Johnston issued a Recommended Order of dismissal, dated May 15, 2012.

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 July 17, 2012 8:11 AM Division of Administrative Hearings

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 17th day of July , 2012. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Onelia Fajardo; and

Commissioner Michell Long

Filed this 17th day of July , 2012, in Tallahassee, Florida.

/s/ Violet Crawford, Clerk

Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Stephanie Pearce

c/o Jerry Girley, Esq.

The Girley Law Firm, P.A. 125 East Marks Street Orlando, FL 32803

Osceola Regional Medical Center c/o Thomas M. Findley, Esq.

Messer, Caparello and Self, P.A. 2618 Centennial Place

Tallahassee, FL 32308

J. Lawrence Johnston, 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 17th day of July , 2012.

By: /s/ Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 11-002452

Orders for Case No: 11-002452