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.
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
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. |