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.
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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.
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Jul. 01, 2016 |
Florida Hospital's Objections to Petitioner's Exhibits filed.
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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.
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Jun. 28, 2016 |
Court Reporter Request filed.
|
Jun. 27, 2016 |
Petitioner's List of Exhibits filed.
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Jun. 24, 2016 |
Florida Hospital's Pre-hearing Statement filed.
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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.
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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.
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May 10, 2016 |
Respondent's Status Report filed.
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May 10, 2016 |
Response to Florida Hospital's Requests for Production filed.
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May 10, 2016 |
Tracy Jean's First Set of Interrogatories Directed to Florida Hospital filed.
|
May 10, 2016 |
Request for Final Hearing filed.
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May 10, 2016 |
Response to Florida Hospital's First Set of Interrogatories filed.
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May 09, 2016 |
Response to Florida Hospital's Requests for Admissions filed.
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May 05, 2016 |
Tracy Jean's Requests for Admissions to Florida Hospital filed.
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Apr. 29, 2016 |
Florida Hospital's Notice of Taking Deposition of Tracy Jean filed.
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Apr. 25, 2016 |
Order Granting Continuance (parties to advise status by May 10, 2016).
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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.
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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.
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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.
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Mar. 03, 2016 |
Transmittal of Petition filed by the Agency.
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Mar. 03, 2016 |
Agency action letter filed.
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Orders for Case No: 16-001229