STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

TERRA FRANKLIN-SHAW, EEOC Case No. 510201203317

Petitioner, FCHR Case No. 2012-02291

v. DOAH Case No. 13-0025

JACKSONVILLE HOUSING AUTHORITY, FCHR Order No. 14-014

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Terra Franklin-Shaw filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2011), alleging that Respondent Jacksonville Housing Authority committed unlawful employment practices on the basis of Petitioner’s disability by failing to provide reasonable accommodation for Petitioner’s disability and by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on December 5, 2012, 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 by video teleconference at sites in Jacksonville and Tallahassee, Florida, on October 18, 2013, and November 22, 2013, before Administrative Law Judge E. Gary Early.

Judge Early issued a Recommended Order of dismissal, dated March 3, 2014.

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 May 21, 2014 11:01 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 21th day of May , 2014. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Onelia Fajardo-Garcia

Filed this 21th day of May , 2014, 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:

Terra Franklin-Shaw

c/o Jamison Jessup, Qualified Representative 557 Noremac Avenue

Deltona, FL 32738

Jacksonville Housing Authority c/o Wendy L. Mummaw, Esq. c/o Katy A. Harris, Esq.

Office of General Counsel

117 West Duval Street, Suite 480

Jacksonville, FL 32202

E. Gary Early, 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 21th day of May , 2014.

By: /s/ Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 13-000025

Orders for Case No: 13-000025