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CATHERINE M. LECAS vs FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, 15-007003 (2015)

Court: Division of Administrative Hearings, Florida Number: 15-007003 Visitors: 15
Petitioner: CATHERINE M. LECAS
Respondent: FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: LINZIE F. BOGAN
Agency: Florida Commission on Human Relations
Locations: Lakeland, Florida
Filed: Dec. 10, 2015
Status: Closed
Recommended Order on Tuesday, August 30, 2016.

Latest Update: Nov. 10, 2016
Summary: Whether Respondent violated the Florida Civil Rights Act of 1992, as alleged by Petitioner in her Employment Charge of Discrimination.Petitioner failed to meet her burden of proving that Respondent discriminated against her in violation of the Florida Civil Rights Act of 1992.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


CATHERINE M . LECAS, EEOC Case No. NONE


Petitioner, FCHR Case No.


v. DOAH No. 15-7003


FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION,

FCHR Order No. 16-055


Respondent.

/


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E


Preliminary Matters


Petitioner Catherine M . Lecas filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2014), alleging that Respondent Florida Department of Environmental Protection committed unlawful employment practices on the bases of Petitioner's race, color, sex, national origin, religion and age, by harassing Petitioner. Petitioner also alleged that Respondent engaged in unlawful retaliation by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on November 2, 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 Lakeland and Tallahassee, Florida, on June 1, before Administrative Law Judge Linzie F. Bogan,

Judge Bogan issued a Recommended Order of dismissal, dated August 30,

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 find 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 November 10, 2016 2:38 PM Division of Administrative Hearings


FCHR Order No. 16-055

Page 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 Florida Statutes, and in the Florida Rules of Appellate Procedure


DONE AND ORDERED this day of ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Jay Pichard


Filed day of , in Tallahassee, Florida.


Clerk

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



FCHR Order No. 16-055 3


Copies furnished to:


Catherine

3590 Nth 14th St.

VA 22201


Florida Department of Environmental Protection

c/o Brian C. Keri, Esq.

Law Offices of Brian C. Keri, P.A. Post Office Box 13599 Tallahassee, FL 32317


Linzie F. Bogan, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel


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


Clerk of the

Florida Commission on Human Relations


Docket for Case No: 15-007003
Issue Date Proceedings
Nov. 10, 2016 Agency Final Order Dismissing Petition for Relief from and Unlawful Employment Practice filed.
Aug. 31, 2016 Transmittal letter from Claudia Llado forwarding Petitioner's Composite Exhibit 1 which was not admitted into evidence to the agency.
Aug. 31, 2016 Transmittal letter from Claudia Llado forwarding Respondent's Proposed Exhibits not offered into evidence to the agency.
Aug. 30, 2016 Recommended Order (hearing held June 1, 2016). CASE CLOSED.
Aug. 30, 2016 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 15, 2016 (Petitioner`s) Response to File Proposed Recommended Order filed.
Jul. 27, 2016 (Respondent's Proposed) Recommended Order filed.
Jul. 27, 2016 Order Granting Extension of Time.
Jul. 20, 2016 (Proposed) Recommended Order filed.
Jul. 20, 2016 Notice of Motion for Continuance of Order of Administrative Law Judge Linzie F. Bogan Recommended Order Due July 20, 2016 filed.
Jun. 20, 2016 Respondent's Notice of Filing Transcript (not available for viewing) filed.
Jun. 01, 2016 CASE STATUS: Hearing Held.
May 31, 2016 Notice of Petitioner's Non-compliance with Order filed.
May 31, 2016 Respondent's Notice to Court filed.
May 20, 2016 Respondent's (Proposed) Exhibits filed (exhibits not available for viewing).
May 20, 2016 Respondent's Notice of Filing Exhibits filed.
May 19, 2016 Court Reporter Request filed.
May 16, 2016 Amended Notice of Hearing by Video Teleconference (hearing set for June 1, 2016; 9:30 a.m.; Lakeland and Tallahassee, FL; amended as to Location and Video Teleconference).
Apr. 14, 2016 Order Re-scheduling Hearing (hearing set for June 1, 2016; 9:30 a.m.; Lakeland, FL).
Apr. 13, 2016 Notice of Response: Compliance with Doah Judge Bogan Order of Agreeable Schedule Hearing Dates: May 31st and June 1st, 2016 filed.
Apr. 04, 2016 Order Requiring Parties to Provide Dates for Final Hearing.
Mar. 24, 2016 Response to Petitioner's Notice of Response to Order filed.
Mar. 23, 2016 Petitioner's Notice of Response to Order filed.
Mar. 08, 2016 Order Granting Continuance (parties to advise status by March 23, 2016).
Mar. 08, 2016 CASE STATUS: Hearing Partially Held; continued to date not certain.
Mar. 08, 2016 (Petitioner's) Notice of Response to Respondent Non-compliance with Order filed.
Mar. 08, 2016 Petitioner's Good Cause of Continuation filed.
Mar. 07, 2016 Notice of Ex-parte Communication.
Mar. 07, 2016 Letter to Judge Bogan from Catherine Lecas requesting a Motion for Continuance filed.
Mar. 04, 2016 Notice of Petitioner's Non-compliance with Order filed.
Mar. 04, 2016 (Petitioner's) Amendment to the Order to Include Retaliation and Organization Bullying filed (exhibits not available for viewing)
Mar. 01, 2016 Respondent's Witness List filed.
Feb. 11, 2016 Second Amended Notice of Taking Deposition (of Catherine Lecas) filed.
Feb. 11, 2016 Amended Notice of Taking Deposition (of Catherine Lecas) filed.
Feb. 11, 2016 Notice of Taking Deposition (of Catherine Lecas) filed.
Jan. 20, 2016 Court Reporter Request filed.
Dec. 28, 2015 Order of Pre-hearing Instructions.
Dec. 28, 2015 Notice of Hearing (hearing set for March 8, 2016; 9:00 a.m.; Tallahassee, FL).
Dec. 22, 2015 Response to Initial Order filed.
Dec. 22, 2015 Notice of Appearance (Brian Keri) filed.
Dec. 15, 2015 Initial Order.
Dec. 10, 2015 Notice of Determination: No Reasonable Cause filed.
Dec. 10, 2015 Determination: No Reasonable Cause filed.
Dec. 10, 2015 Petition for Relief filed.
Dec. 10, 2015 Transmittal of Petition filed by the Agency.

Orders for Case No: 15-007003
Issue Date Document Summary
Nov. 10, 2016 Agency Final Order
Aug. 30, 2016 Recommended Order Petitioner failed to meet her burden of proving that Respondent discriminated against her in violation of the Florida Civil Rights Act of 1992.
Source:  Florida - Division of Administrative Hearings

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