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TRACY JEAN vs FLORIDA HOSPITAL MEDICAL GROUP, 16-001229 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001229 Visitors: 24
Petitioner: TRACY JEAN
Respondent: FLORIDA HOSPITAL MEDICAL GROUP
Judges: WILLIAM F. QUATTLEBAUM
Agency: Florida Commission on Human Relations
Locations: Orlando, Florida
Filed: Mar. 03, 2016
Status: Closed
Recommended Order on Thursday, August 25, 2016.

Latest Update: Mar. 29, 2017
Summary: The issue in the case is whether Tracy Jean (Petitioner) was the subject of unlawful discrimination by Florida Hospital Medical Group (Respondent)1/ in violation of chapter 760, Florida Statutes (2015).2/Petitioner failed to establish prima facie case of discrimination.
TempHtml



STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


TRACY JEAN, EEOC Case No.


Petitioner, FCHR Case No. 2015-01795


v. DOAH No. 16-1229

FLORIDA HOSPITAL MEDICAL GROUP, FCHR Order No. 16-054


Respondent.

/


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E


Preliminary Matters


Petitioner Tracy Jean filed a complaint of discrimination pursuant to the Florida Civil Rights Act of Sections 760.01 - Florida Statutes alleging that Respondent Florida Hospital Medical Group committed an unlawful employment practice on the basis of Petitioner's race (Black) by rescinding a conditional offer of employment that had been extended to Petitioner by Respondent.

The allegations set forth in the complaint were investigated, and, on February 3, 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 Orlando and Tallahassee, Florida, on July 6, before Administrative Law Judge William F. Quattlebaum.

Judge Quattlebaum issued a Recommended Order of dismissal, dated August 25,

2016.

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 3:24 PM Division of Administrative Hearings


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 JO day of ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


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

Commissioner Jay Pichard


Filed ,

in Tallahassee, Flori*d1a_.


Clerk

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

(850) 488-7082


Copies furnished to:


Tracy

NE 199th St., Apt. 206

Miami, FL 33179


Florida Hospital Medical Group c/o Christopher R. Parkinson, Esq. c/o Brian J. Moran, Esq.

Moran Kidd Lyons Johnson, P.A. North Orange Avenue, Ste. 900

Orlando, FL 32802-0472


William F. Quattlebaum, 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: 16-001229
Issue Date Proceedings
Mar. 29, 2017 Florida Hospital's Directions to the Clerk filed.
Dec. 09, 2016 Notice of Appeal filed.
Nov. 10, 2016 Agency Final Order Dismissing Petition for Relief from and Unlawful Employment Practice filed.
Aug. 25, 2016 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 25, 2016 Recommended Order (hearing held July 6, 2016). CASE CLOSED.
Aug. 12, 2016 Proposed Recommended Order filed.
Aug. 02, 2016 Transcript of Proceedings (not available for viewing) filed.
Jul. 06, 2016 CASE STATUS: Hearing Held.
Jul. 05, 2016 Respondent's Responses to Petitioners's Second Request for Production of Documents filed.
Jul. 05, 2016 Petitioner's Objections to Respondent's Exhibits Amended filed.
Jul. 05, 2016 Petitioner's Response to Florida Hospital's Second Request for Production filed.
Jul. 01, 2016 Florida Hospital's Objections to Petitioner's Exhibits filed.
Jul. 01, 2016 Petitioner's Second List of Exhibits filed.
Jul. 01, 2016 Petitioner's Objections to Respondent's Exhibit List filed.
Jun. 30, 2016 Letter to Judge Quattlebaum from Christopher Parkinson enclosing Florida Hospital's Proposed Exhibits filed (exhibits not available for viewing).
Jun. 29, 2016 Florida Hospital's Notice of Filing Exhibits filed.
Jun. 28, 2016 Court Reporter Request filed.
Jun. 27, 2016 Petitioner's List of Exhibits filed.
Jun. 24, 2016 Florida Hospital's Pre-hearing Statement filed.
Jun. 23, 2016 Petitioners' Objections to Respondents' Witness List filed.
Jun. 20, 2016 Florida Hospital's Notice of Compliance in Response to Motion to Compel filed.
Jun. 20, 2016 Tracy Jean's Second Request for Production Directed to Florida Hospital filed.
Jun. 13, 2016 Order Granting Motion to Compel.
Jun. 09, 2016 Florida Hospital's Notice of Service of Answers to First Set of Interrogatories filed.
Jun. 03, 2016 Respondent's Responses to Petitioner's Request for Admissions filed.
Jun. 01, 2016 Notice of Ex-parte Communication.
May 27, 2016 Letter from Tracy Jean requesting Motion to Compel filed.
May 27, 2016 Florida Hospital's Second Request for Production filed.
May 12, 2016 Notice of Hearing by Video Teleconference (hearing set for July 6, 2016; 9:30 a.m.; Orlando and Tallahassee, FL).
May 11, 2016 Opposition to Continue Deposition filed.
May 10, 2016 Respondent's Status Report filed.
May 10, 2016 Response to Florida Hospital's Requests for Production filed.
May 10, 2016 Tracy Jean's First Set of Interrogatories Directed to Florida Hospital filed.
May 10, 2016 Request for Final Hearing filed.
May 10, 2016 Response to Florida Hospital's First Set of Interrogatories filed.
May 09, 2016 Response to Florida Hospital's Requests for Admissions filed.
May 05, 2016 Tracy Jean's Requests for Admissions to Florida Hospital filed.
Apr. 29, 2016 Florida Hospital's Notice of Taking Deposition of Tracy Jean filed.
Apr. 25, 2016 Order Granting Continuance (parties to advise status by May 10, 2016).
Apr. 22, 2016 Respondent's Responses to Petitioner's First Request for Production of Documents filed.
Apr. 22, 2016 Florida Hospital's Response in Opposition to Petitioner's Request for Extension of Final Hearing filed.
Apr. 21, 2016 Notice of Ex-parte Communication.
Apr. 21, 2016 Florida Hospital's Motion to Compel Tracy Jean's Attendance at Deposition and for an Order to Show Cause filed.
Apr. 21, 2016 Petitioner's Request for Extension filed.
Apr. 01, 2016 Florida Hospital's Notice of Taking Deposition of Tracy Jean filed.
Mar. 17, 2016 Florida Hospital's Request for Production filed.
Mar. 17, 2016 Florida Hospital's Request for Production filed.
Mar. 17, 2016 Florida Hospital's First Set of Interrogatories Directed to Tracy Jean filed.
Mar. 17, 2016 Florida Hospital's Requests for Admissions to Tracy Jean filed.
Mar. 15, 2016 Order of Pre-hearing Instructions.
Mar. 15, 2016 Notice of Hearing by Video Teleconference (hearing set for May 10, 2016; 9:30 a.m.; Orlando and Tallahassee, FL).
Mar. 14, 2016 Notice of Transfer.
Mar. 10, 2016 Joint Response to Initial Order filed.
Mar. 10, 2016 Notice of Appearance (Brian Moran) filed.
Mar. 10, 2016 Notice of Appearance (Christopher Parkinson) filed.
Mar. 03, 2016 Initial Order.
Mar. 03, 2016 Charge of Discrimination filed.
Mar. 03, 2016 Notice of Determination: No Reasonable Cause filed.
Mar. 03, 2016 Determination: No Reasonable Cause filed.
Mar. 03, 2016 Petition for Relief filed.
Mar. 03, 2016 Transmittal of Petition filed by the Agency.
Mar. 03, 2016 Agency action letter filed.

Orders for Case No: 16-001229
Issue Date Document Summary
Nov. 10, 2016 Agency Final Order
Aug. 25, 2016 Recommended Order Petitioner failed to establish prima facie case of discrimination.
Source:  Florida - Division of Administrative Hearings

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