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PATRICIA H. WILLIAMS vs ANGELS FOR KIDS ON CALL, 16-006586 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-006586 Visitors: 204
Petitioner: PATRICIA H. WILLIAMS
Respondent: ANGELS FOR KIDS ON CALL
Judges: D. R. ALEXANDER
Agency: Florida Commission on Human Relations
Locations: Orlando, Florida
Filed: Nov. 10, 2016
Status: Closed
Recommended Order on Monday, March 27, 2017.

Latest Update: Jun. 15, 2017
Summary: The issue is whether Respondent violated the Florida Civil Rights Act, as amended, as alleged in Petitioner's Employment Charge of Discrimination (Complaint) filed on March 17, 2016.Petitioner failed to prove she was discriminated against an account of her race and national origin.
TempHtml


STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


PATRICIA H. WILLIAMS, EEOC No. 15D201600435


Petitioner, FCHR Case No.


v. DOAH No. 16-6586

ANGELS FOR KIDS ON CALL, INC., FCHR Order No. 17-041


Respondent.

/


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E


Preliminary Matters


Petitioner Patricia H. Williams filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections - Florida Statutes

alleging that Respondent Angels For Kids On Call, Inc., committed an unlawful employment practice on the bases of Petitioner's race (Black) and national origin (not specified in complaint) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on October 3, the Executive Director issued a 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 February 8 and March before Administrative Law Judge D. R. Alexander.

Judge Alexander issued a Recommended Order of dismissal, dated March 27,

2017.

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


A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et 527 So. 2d 894, at 897, 898 5th DCA Accord, Coleman v.


Filed June 15, 2017 12:12 PM Division of Administrative Hearings



FCHR Order No. Page 2


Daytona Beach, Ocean Center Parking Garage, FCHR Order No. 14-034 (September 10, Gantz, et v. Zion's Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. (June 6, and Hall v. Villages of West Oaks HOA. FCHR Order No. 08-007

(January 14, 2008).

We adopt the Administrative Law Judge's findings of fact.


Conclusions of Law


We 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 RELATIONS:


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

Commissioner Sandra Turner


Filed this day of in Tallahassee,

2017,


FCHR Order No.

3



4075 Esplanade Way, Room Tallahassee, FL 32399


Copies furnished to:


Patricia H. Williams 305 Dogfish Court

Kissimmee, FL 34759


Angels For Kids On Call, Inc. c/o Carmen Guzman

7550 Futures Drive, Ste. Orlando, FL 32819


D. R. Alexander, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel


I HEREBY CERTIFY that a

listed addressees this day of.

the foregoing has been mailed to the above


By:

Clerk of the

Florida Commission on Human Relations


Docket for Case No: 16-006586
Issue Date Proceedings
Jun. 15, 2017 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Mar. 27, 2017 Recommended Order cover letter identifying the hearing record referred to the Agency.
Mar. 27, 2017 Recommended Order (hearing held February 8 and March 17, 2017). CASE CLOSED.
Mar. 17, 2017 CASE STATUS: Hearing Held.
Mar. 16, 2017 Letter to Judge Alexander from Carmen Guzman Negrete Requesting a Continuance of Hearing filed.
Mar. 06, 2017 Court Reporter Request filed.
Feb. 08, 2017 CASE STATUS: Hearing Held.
Feb. 08, 2017 Amended Notice of Hearing by Video Teleconference (hearing set for March 17, 2017; 9:30 a.m.; Orlando and Tallahassee, FL; amended as to date of hearing ).
Feb. 08, 2017 Order Re-scheduling Final Hearing.
Feb. 08, 2017 Letter to Judge Alexander from Carmen Guzman filed.
Feb. 02, 2017 Court Reporter Request filed.
Jan. 23, 2017 Amended Notice of Hearing by Video Teleconference (hearing set for February 8, 2017; 9:30 a.m.; Orlando and Tallahassee, FL; amended as to time).
Dec. 05, 2016 Order of Pre-hearing Instructions.
Dec. 05, 2016 Notice of Hearing by Video Teleconference (hearing set for February 8, 2017; 9:30 a.m.; Orlando and Tallahassee, FL).
Dec. 02, 2016 Answer to Initial Order.
Nov. 18, 2016 Letter from Patricia Williams filed.
Nov. 10, 2016 Initial Order.
Nov. 10, 2016 Employment Charge of Discrimination filed.
Nov. 10, 2016 Notice of Determination: No Reasonable Cause filed.
Nov. 10, 2016 Determination: No Reasonable Cause filed.
Nov. 10, 2016 Petition for Relief filed.
Nov. 10, 2016 Transmittal of Petition filed by the Agency.

Orders for Case No: 16-006586
Issue Date Document Summary
Jun. 15, 2017 Agency Final Order
Mar. 27, 2017 Recommended Order Petitioner failed to prove she was discriminated against an account of her race and national origin.
Source:  Florida - Division of Administrative Hearings

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