STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

JESSIE HILL, EEOC Case No. 510201304149

Petitioner, FCHR Case No.

v. DOAH No. 14-0040

FIVE STAR QUALITY CARE, INC. (RIVIERA),

FCHR Order No. 14-038

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Jessie Hill filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2012), alleging that Respondent Five Star Quality Care, Inc. (Riviera) committed unlawful employment practices on the basis of Petitioner's disability by failing to provide Petitioner a reasonable accommodation and by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on December

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 was held in Daytona Beach, Florida, on March 7, before Administrative Law Judge W. David Watkins.

Judge Watkins issued a Recommended Order of dismissal, dated July

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 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 October 10, 2014 8:00 AM Division of Administrative Hearings

Conclusions of Law

We 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 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

DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Michael Keller, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Donna Elam

in Tallahassee, Florida.

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

(850) 488-7082

Copies furnished to:

Jessie Hill

c/o David W. Glasser, Esq.

Law Office of David W. Glasser Orange Avenue

Daytona Beach, FL 32114

Five Star Quality Care, Inc. (Riviera) c/o J. Robert McCormick, Esq.

Ogletree, Deakins, Nash,

& Stewart, P.C.

North Tampa Street, Suite 3600 Tampa, FL

W. David Watkins, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY that a copy of the foregoing has been mailed to the above listed addressees this day

By:

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-000040

Orders for Case No: 14-000040