STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

TERRILYN A. ROBINSON, EEOC No.

Petitioner, FCHR No. 2014-00175

v. No. 14-3602

GULF COAST HEALTH CARE, FCHR Order No. 15-009

Respondent.

/

FINAL ORDER DISMISSING PETITIO N

RELIE F AN UNLAWFUL EMPLOYMENT PRACTI C

Preliminary Matters

Petitioner Terrilyn A. Robinson filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2013), alleging that Respondent Gulf Coast Health Care committed unlawful employment practices on the basis of Petitioner's race (African-American) by subjecting Petitioner to more severe discipline than white employees and by discharging Petitioner.

The allegations set forth in the complaint were investigated, and, on June 30,

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 Pensacola and Tallahassee, Florida, on November 13, 2014 and December 2, 2014, before Administrative Law Judge Edward T. Bauer.

Judge Bauer issued a Recommended Order of dismissal, dated December

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

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 5th DCA 1988). Accord, Coleman v.

Filed March 12, 2015 2:59 PM Division of Administrative Hearings

Beach, Ocean Center Parking Garage, FCHR Order No. 14-034 (September 10, Gantz, et v. Zion's Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. (June 6, and Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007

(January 14, 2008).

We note that the Administrative Law Judge found and concluded that the reprimand issued to Petitioner on December 5, did not amount to an "adverse employment action," even though warns, "any other disciplinary action may result in termination." Recommended Order, 5 and In the absence of a transcript of the proceeding before the Administrative Law Judge, we will not disturb this finding of fact, but we note that the Commission has concluded that reprimands can be "adverse employment actions." See McNeil v. HealthPort Technologies, FCHR Order No.

(June 27, and cases cited therein, indicating that verbal reprimands, written reprimands, verbal counselings, written warnings and negative performance appraisals can amount to "adverse employment actions."

With this comment, 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.

With the comment set out in the Findings of Fact section of this Order, supra, 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 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 7)

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

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

Filed this day of £ 2015, in Tallahassee, Florida.

Clerk

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

(850) 488-7082

Copies furnished to:

Terrilyn A. Robinson

H Street Pensacola, FL 32501

Gulf Coast Health Care

c/o Jeremy C. Branning, Esq. Clark, Partington, Hart,

Larry, Bond & Stackhouse Post Office Box 13010 Pensacola, FL 32591-3010

Edward T. Bauer, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

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

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-003602

Orders for Case No: 14-003602