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