STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

LOU ARMENTROUT, EEOC Case No. NONE

Petitioner. FCHR Case No.

1. DOAH No. 14-2617

   
   

   FLORIDA DEPARTMENT OF CORRECTIONS,

   FCHR Order No. 15-067

   
   

   Respondent.

   /

   
   

   FINAL ORDER AWARDING AFFIRMATIVE RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

   
   

   Preliminary Matters

   
   

   Petitioner Lou Armentrout filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2012), alleging that Respondent Florida Department of Corrections committed an unlawful employment practice by creating a hostile work environment on the bases of Petitioner's race (Asian), sex (female) and age (DOB: 2-25-70), and on the basis of retaliation, resulting in Petitioner's constructive discharge.

   The allegations set forth in the complaint were investigated, and, on May 21,

   the Executive Director issued a determination finding that there was 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 Clermont, Florida, on January before Administrative Law Judge James H. Peterson, III .

   Judge Peterson issued a Recommended Order finding that an unlawful employment practice occurred and recommending affirmative relief, dated April 29,

   The Commission issued an "Interlocutory Order Awarding Affirmative Relief from an Unlawful Employment Practice and Remanding Case to Administrative Law Judge to Determine Award of Costs to Petitioner," FCHR Order No. dated July 9,

   Judge Peterson issued a "Recommended Order After Remand," dated July recommending the Commission issue a final order awarding the relief set out in

   paragraphs (1) through (5) of the "Affirmative Relief and Remand" section of its previously issued FCHR Order No. and awarding Petitioner costs in the amount of$l,216.16.

   
   

   Filed October 14, 2015 2:22 PM Division of Administrative Hearings

   
   

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

   
   

   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.

   
   

   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 After Remand.

   
   

   Affirmative Relief and Remand

   
   

   Through our adoption of the Administrative Law Judge's findings of fact and conclusions of law, as set out above, we adopt the recommendations of the Administrative Law Judge for the disposition of the issues before him leading to the issuance of the "Recommended Order After Remand."

   Respondent has already been ORDERED by FCHR Order No. and is herein again ORDERED:

   1. to cease and desist from discriminating further in the manner it has been found to have unlawfully discriminated against Petitioner, as recommended by the Administrative Law Judge;

   2. to pay Petitioner in back pay through the date of the final hearing, January 16, 2015, plus per diem thereafter through the date of FCHR Order No.

      (July 9, with interest accruing on the total amount at the applicable statutory rate upon the date of FCHR Order No. as recommended by the Administrative Law Judge;

   3. to pay Petitioner $23,663.32, as an additional aspect of back pay, for extra daily travel expenses incurred to get to and from Petitioner's new job through the date of the final hearing, January plus $40.94 for each work day that Petitioner has driven to her new job through the date of FCHR No. 15-043 (July 9, 2015), with interest accruing on the total amount at the applicable statutory rate from the date of FCHR Order No. as recommended by the Administrative Law Judge;

      
      

   4. to make arrangements to reinstate Petitioner to an equivalent position with Corizon Health, Inc., for service at Lake Correctional Institution, as recommended by the Administrative Law Judge; and

   5. to pay Petitioner the amount of costs that has been reasonably incurred in this matter by Petitioner, as recommended by the Administrative Law Judge, found by the Administrative Law Judge in the Recommended Order After Remand to be

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

DONE AND ORDERED this of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Tony Jenkins; and

Commissioner Sandra Turner

Filed this of 2015, in Tallahassee, Florida.

Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

Copies furnished to:

Lou Armentrout

c/o Jamison Jessup, Qualified Representative 557 Noremac Avenue

Deltona, FL 32738

Florida Department of Corrections c/o Todd Studley, Esq.

501 South Calhoun Street Tallahassee, FL 32399-2500

James H. Peterson, III, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a the foregoing has been mailed to the above

By:

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 14-002617

Orders for Case No: 14-002617