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THERESA WILLIAMS vs FLORIDA DEPARTMENT OF CORRECTIONS, 14-004994 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004994 Visitors: 23
Petitioner: THERESA WILLIAMS
Respondent: FLORIDA DEPARTMENT OF CORRECTIONS
Judges: JAMES H. PETERSON, III
Agency: Commissions
Locations: Bushnell, Florida
Filed: Oct. 22, 2014
Status: Closed
Recommended Order on Tuesday, June 30, 2015.

Latest Update: Sep. 17, 2015
Summary: Whether Respondent Department of Corrections (Respondent or the Department) violated the Florida Civil Rights Act of 1992, sections 760.01–760.11 and 509.092, Florida Statutes,1/ by discharging Petitioner Theresa Williams (Petitioner) in retaliation for her participation as a witness during the investigation of an alleged discrimination claim brought by another employee.Petitioner failed to prove that Respondent discriminated against her in retaliation for Petitioner's participation in protected
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STATE OF FLORIDA COMMISSION HUMAN RELATIONS


THERESA WILLIAMS, EEOC Case No. NONE


Petitioner, FCHR Case No. 2014-00621


v. No. 14-4994


FLORIDA DEPARTMENT OF CORRECTIONS,

FCHR Order No. 15-056


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM A N UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Theresa Williams filed a complaint of discrimination pursuant to the Florida Civil Rights Act of Sections 760.01 - Florida Statutes

alleging that Respondent Florida Department of Corrections committed an

employment practice by terminating Petitioner in retaliation for Petitioner's participation as a witness during an investigation of another employee's discrimination claim.

The allegations set forth in the complaint were investigated, and, on September 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 Bushnell, Florida, on March 24, before Administrative Law Judge James H. Peterson, III.

Judge Peterson issued a Recommended Order of dismissal, dated June 30, 2015.

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 September 17, 2015 11:11 AM Division of Administrative Hearings


FCHR Order No. 15-056 2


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


DONE AND ORDERED this ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Michael Keller, Panel Chairperson; Commissioner J. Jeff Graber; and

Commissioner Rebecca Steele


Filed this

in Tallahassee, Florida.

2015,


Clerk

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

(850) 488-7082


FCHR Order No. 15-056

Page 3


Copies to:


Theresa Williams

c/o Carlos V. Leach, Esq. Morgan & Morgan,

20 North Orange Avenue, Ste. Post Office Box 4979 Orlando, FL 32802-4979


Florida Department of Corrections c/o Sena M. Bailes, 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 copy of the foregoing has been mailed to the above


Clerk of the

Florida Commission on Human Relations


Docket for Case No: 14-004994
Issue Date Proceedings
Sep. 17, 2015 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Jun. 30, 2015 Recommended Order (hearing held March 24, 2015). CASE CLOSED.
Jun. 30, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
May 01, 2015 Transcript (not available for viewing) filed.
Apr. 16, 2015 (Petitioner's Proposed) Recommended Order filed.
Apr. 03, 2015 Respondent's Proposed Recommended Order filed.
Mar. 24, 2015 CASE STATUS: Hearing Held.
Mar. 13, 2015 Parties' Joint Pretrial Stipulation filed.
Feb. 18, 2015 Court Reporter Requested filed.
Feb. 12, 2015 Order Re-scheduling Hearing (hearing set for March 24, 2015; 9:00 a.m.; Bushnell, FL).
Feb. 05, 2015 Joint Response to Order Granting Continuance filed.
Feb. 05, 2015 Notice of Appearance (Carlos Leach) filed.
Feb. 05, 2015 Notice of Appearance (Sena Bailes) filed.
Jan. 22, 2015 Order Granting Continuance (parties to advise status by February 2, 2015).
Jan. 16, 2015 Letter to Judge Peterson from Theresa Williams requesting a continuance filed.
Jan. 14, 2015 Department of Corrections' Prehearing Stipulation filed.
Nov. 12, 2014 Amended Notice of Hearing (hearing set for January 29 and 30, 2015; 9:00 a.m.; Bushnell, FL; amended as to Venue).
Nov. 04, 2014 Order of Pre-hearing Instructions.
Nov. 04, 2014 Notice of Hearing (hearing set for January 29 and 30, 2015; 9:00 a.m.; Bushnell, FL).
Nov. 03, 2014 Joint Response to Initial Order filed.
Nov. 03, 2014 Notice of Appearance (Todd Studley) filed.
Oct. 29, 2014 (Petitioner's) Response to Initial Order filed.
Oct. 23, 2014 Initial Order.
Oct. 22, 2014 Employment Complaint of Discrimination filed.
Oct. 22, 2014 Notice of Determination: Cause filed.
Oct. 22, 2014 Determination: Cause filed.
Oct. 22, 2014 Petition for Relief filed.
Oct. 22, 2014 Transmittal of Petition filed by the Agency.

Orders for Case No: 14-004994
Issue Date Document Summary
Sep. 17, 2015 Agency Final Order
Jun. 30, 2015 Recommended Order Petitioner failed to prove that Respondent discriminated against her in retaliation for Petitioner's participation in protected activity.
Source:  Florida - Division of Administrative Hearings

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