Petitioner: MARIA HERNANDEZ, PH.D
Respondent: PALM BEACH ATLANTIC UNIVERSITY
Judges: ERROL H. POWELL
Agency: Florida Commission on Human Relations
Locations: West Palm Beach, Florida
Filed: Dec. 05, 2011
Status: Closed
Recommended Order on Monday, February 4, 2013.
Latest Update: May 01, 2013
Summary: The issue for determination is whether Respondent committed an unlawful employment act by discriminating against Petitioner on the basis of marital status in violation of the Florida Civil Rights Act of 1992, as amended.Petitioner failed to demonstrate that Respondent committed an unlawful employment act by discriminating against her on the basis of marital status. Recommend dismissal of discrimination complaint.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
MARIA HERNANDEZ, PH.D., EEOC Case No. NONE
Petitioner, FCHR Case No. 2011-01575
v. DOAH Case No. 11-6179
PALM BEACH ATLANTIC UNIVERSITY, FCHR Order No. 13-029
Respondent.
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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE
Preliminary Matters
Petitioner Maria Hernandez, Ph.D., filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2010), alleging that Respondent Palm Beach Atlantic University committed an unlawful employment practice on the basis of Petitioner’s marital status (identified in the complaint as divorced but living with former husband) by terminating Petitioner from employment.
The allegations set forth in the complaint were investigated, and, on October 27, 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 West Palm Beach, Florida, on October 16 and 17, 2012, before Administrative Law Judge Errol H. Powell.
Judge Powell issued a Recommended Order of dismissal, dated February 4, 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
We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.
We note that the Recommended Order appears to contain conflicting findings as to when Petitioner and her ex-husband began living together. See Recommended Order,
¶ 79, ¶ 39, and ¶ 47 through 49. Nevertheless, we do not find this to be dispositive of the case.
Filed May 1, 2013 11:12 AM Division of Administrative Hearings
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 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 1st day of May , 2013. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner James Johns
Filed this 1st day of May , 2013, 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:
Maria Hernandez, Ph.D. c/o Stuart Silverman, Esq. Stuart Silverman, P.A. Post Office Box 812315 Boca Raton, FL 33481
Palm Beach Atlantic University c/o Peter L. Sampo, Esq.
c/o Lisa Ann McGlynn, Esq. Allen, Norton and Blue, P.A.
121 Majorca Avenue, Third Floor Coral Gables, FL 33134
Errol H. Powell, 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 1st day of May , 2013.
By: /s/ Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 11-006179
Issue Date |
Proceedings |
May 01, 2013 |
Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
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Feb. 04, 2013 |
Recommended Order (hearing held October 16 and 17, 2012). CASE CLOSED.
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Feb. 04, 2013 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Dec. 11, 2012 |
(Petitioner`s Proposed) Recommended Order filed.
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Dec. 10, 2012 |
Respondent's Proposed Recommended Order filed.
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Nov. 26, 2012 |
Order Granting Extension to File Proposed Recommended Orders.
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Nov. 21, 2012 |
Signature Page for Joint Motion for an Extension of Time to File the Proposed Recommended Orders filed.
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Nov. 20, 2012 |
Joint Motion for an Extension of Time to File the Proposed Recommended Orders filed.
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Nov. 06, 2012 |
Notice of Filing Transcript.
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Nov. 05, 2012 |
Transcript Volume I-II (not available for viewing) filed. |
Nov. 02, 2012 |
Notice of Filing (two-volume Transcript) filed.
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Oct. 16, 2012 |
CASE STATUS: Hearing Held. |
Oct. 15, 2012 |
Petitioner's (Proposed) Exhibit List filed.
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Oct. 15, 2012 |
Petitioners' Witness List filed.
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Oct. 15, 2012 |
Amended Notice of Hearing (hearing set for October 16 and 17, 2012; 9:00 a.m.; West Palm Beach, FL; amended as to hearing room location).
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Oct. 15, 2012 |
Respondent's Notice that it has Arranged for a Court Reporter filed.
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Oct. 12, 2012 |
Order Denying Motion to Relinquish Jurisdiction.
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Oct. 12, 2012 |
CASE STATUS: Pre-Hearing Conference Held. |
Oct. 11, 2012 |
Respondent's Notice of Petitioner's Non-compliance with the Administrative Law Judge's October 3, 2012 Order, and Request for Sanctions filed.
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Oct. 10, 2012 |
Notice of Appearance (S. Silverman) filed.
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Oct. 08, 2012 |
Respondent's Motion for Attorney's Fees Under Florida Statute 57.105 filed.
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Oct. 08, 2012 |
Respondent's Unilateral Prehearing Statement filed.
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Oct. 08, 2012 |
Respondent's Motion to Strike (Proposed) Exhibits and Witnesses filed.
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Oct. 08, 2012 |
Notice of Appearance (of L. McGlynn) filed.
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Oct. 03, 2012 |
Order Granting Motion to Compel.
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Sep. 28, 2012 |
Respondent's Notice of Potential Conflict filed.
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Sep. 20, 2012 |
Respondent's Motion to Relinquish Jurisdiction filed.
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Sep. 20, 2012 |
Respondent's Motion to Compel filed.
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Jul. 30, 2012 |
Respondent's First Request for Production of Documents to Petitioner filed.
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Jul. 11, 2012 |
Respondent's Responses to Petitioner's Second Set of Requests for Admissions filed.
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Jun. 12, 2012 |
Petitioner's Second Set of Request for Admissions to Respondent filed.
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May 21, 2012 |
Order Re-scheduling Hearing (hearing set for October 16 and 17, 2012; 9:00 a.m.; West Palm Beach, FL).
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May 17, 2012 |
Amended Petitioner's Reply to Order to Confer with Defense Counsel to Inform DOAH as to a Proposed Hearing Date filed.
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May 15, 2012 |
Petitioner's Reply to Order to Confer with Defense Counsel to Inform DOAH as to a Proposed Hearing Date filed.
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Apr. 09, 2012 |
Order Granting Continuance (parties to advise status by April 20, 2012).
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Apr. 05, 2012 |
Respondent's Response in Opposition to Petitioner's Motion for Continuance filed.
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Apr. 05, 2012 |
Petitioner's Motion for a First Continuance filed.
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Mar. 19, 2012 |
Re-notice of Taking Deposition (of Dr. M. Hernandez) filed.
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Feb. 17, 2012 |
Re-notice of Taking Deposition (of Dr. M. Hernandez) filed.
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Feb. 17, 2012 |
Respondent's Responses to Petitioner's First Requests for Production filed.
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Feb. 17, 2012 |
Respondent's Responses to Petitioner's First Set of Request for Admissions filed.
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Feb. 09, 2012 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for April 17 and 18, 2012; 9:00 a.m.; Fort Lauderdale, FL).
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Feb. 01, 2012 |
Joint Motion for Continuance of the Hearing and Pre-hearing Deadlines filed.
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Jan. 19, 2012 |
Notice of Taking Deposition (of M. Hernandez) filed.
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Jan. 13, 2012 |
Order Denying Continuance of Final Hearing.
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Jan. 13, 2012 |
Order Denying Dismissal.
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Jan. 13, 2012 |
Order Denying Hearing on Motion to Dismiss.
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Jan. 13, 2012 |
Petitioner's First Set of Requests to Respondent for Production of Docuemnts filed.
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Jan. 13, 2012 |
Petitioner's First Set of Request for Admissions to Respondent filed.
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Jan. 13, 2012 |
Petitioner's Omnibus Memorandum of Law in Opposition to Respondent's Motion to Dismiss and Motion to Stay Discovery filed.
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Jan. 03, 2012 |
Respondent's Request for Continuance filed.
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Dec. 29, 2011 |
Respondent's Request for Hearing on Motion to Dismiss filed.
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Dec. 16, 2011 |
Respondent's Motion to Dismiss filed.
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Dec. 15, 2011 |
Order of Pre-hearing Instructions.
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Dec. 15, 2011 |
Notice of Hearing (hearing set for February 21 and 22, 2012; 9:00 a.m.; Fort Lauderdale, FL).
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Dec. 12, 2011 |
Unilateral Response to Initial Order filed.
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Dec. 09, 2011 |
Petitioner's Response to "Initial Order" filed.
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Dec. 09, 2011 |
Unilateral Response to Initial Order filed.
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Dec. 05, 2011 |
Initial Order.
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Dec. 05, 2011 |
Charge of Discrimination filed.
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Dec. 05, 2011 |
Notice of Determination: No Cause filed.
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Dec. 05, 2011 |
Determination: No Cause filed.
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Dec. 05, 2011 |
Transmittal of Petition filed by the Agency.
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Dec. 05, 2011 |
Petition for Relief filed.
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Orders for Case No: 11-006179
Issue Date |
Document |
Summary |
May 01, 2013 |
Agency Final Order
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Feb. 04, 2013 |
Recommended Order
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Petitioner failed to demonstrate that Respondent committed an unlawful employment act by discriminating against her on the basis of marital status. Recommend dismissal of discrimination complaint.
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