STATE FLORIDA COMMISSION ON HUMAN RELATIONS

DEBORAH Y. TURNER, EEOC No. 15D201300306

Petitioner, FCHR Case No.

v. DOAH No. 13-3874

LP ORMOND BEACH, LLC SIGNATURE HEALTH CARE,

FCHR Order No. 14-036

Respondent.

/

FINAL ORDER DISMISSING FOR RELIE F FROM AN UNLAWFUL EMPLOYMENT

Preliminary Matters

Petitioner Deborah Y. Turner filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2012), alleging that Respondent LP Beach, LLC Signature Health Care, committed unlawful employment practices on the basis of Petitioner's race (Black) by subjecting Petitioner to different terms and conditions of employment in comparison to white employees and by suspending Petitioner four times.

The allegations set forth in the complaint were investigated, and, on September 3, 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 Daytona Beach and Tallahassee, Florida, on November 25, 2013, before Administrative Law Judge Lawrence P. Stevenson.

Judge Stevenson issued a Recommended Order of dismissal, dated January 30,

2014.

On April the Commission issued an "Order Remanding Case to

Administrative Law Judge for Re-Issuance of Recommended Order" (FCHR Order No. directing the Administrative Law Judge to re-issue the Recommended Order

over concerns that the Recommended Order had been sent to an incorrect address for Petitioner.

Judge Stevenson issued a Corrected Recommended Order of dismissal, dated July 8, 2014.

Filed September 10, 2014 11:03 AM Division of Administrative Hearings

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Corrected Recommended Order.

Findings of Fact

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et 527 So. 2d 894, at 897, 898 (Fla. 5th DCA Accord, Gantz. et

v. Zion's Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. (June 6, Mack v. Agency for Persons with Disabilities, FCHR Order No. (March

Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 2008), Beach-Gutierrez v. Bay Medical Center, FCHR Order No. (January 2005), and Waaser v. Streit's Motorsports, FCHR Order No, 04-157 (November 30, 2004).

We adopt the Administrative Law Judge's findings of fact as set out in the Corrected Recommended Order.

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 as set out in the Corrected Recommended Order.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's Corrected 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 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 Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Filed this

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner Tony Jenkins

day of .

in Tallahassee, Florida.

on Human Relations 2009 Apalachee Parkway, Suite Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Deborah Y. Turner Mason Avenue, Apt.

Daytona Beach, FL

LP Ormond Beach, LLC Signature Health Care c/o Jessica Rose Sievert, Esq.

c/o Mark Warfield Peters, Esq.

Waller, Lansden, Dortch & Davis, LLP Union Street, Suite 2700

TN 37219

Lawrence P. Stevenson, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy rif the foregoing has been mailed to the above listed addressees this day 2014.

By:

Florida Commission on Human Relations

Docket for Case No: 13-003874

Orders for Case No: 13-003874