Petitioner: MARLENA SEENAUGHT
Respondent: MORTON PLANT HOSPITAL, BAYCARE
Judges: JODI-ANN V. LIVINGSTONE
Agency: Florida Commission on Human Relations
Locations: Tallahassee, Florida
Filed: Jun. 03, 2020
Status: Closed
Recommended Order on Monday, October 19, 2020.
Latest Update: Dec. 23, 2024
Summary: The issue in this case is whether Morton Plant Hospital, Baycare (Morton Plant Hospital or Respondent), committed an unlawful employment 1 All statutory references are to Florida Statutes (2019). Relevant provisions of chapter 760, Florida Statutes, have been unchanged since 2015, prior to any allegedly discriminatory acts. practice against Marlena Seenaught (Ms. Seenaught or Petitioner), on the basis of her sex and in retaliation for engaging in a protected activity, in violation of the Florida
Summary: The issue in this case is whether Morton Plant Hospital, Baycare (Morton Plant Hospital or Respondent), committed an unlawful employment 1 All statutory references are to Florida Statutes (2019). Relevant provisions of chapter 760, Florida Statutes, have been unchanged since 2015, prior to any allegedly discriminatory acts. practice against Marlena Seenaught (Ms. Seenaught or Petitioner), on the basis of her sex and in retaliation for engaging in a protected activity, in violation of the Florida Civil Rights Act (FCRA).Petitioner failed to establish she was subjected to severe and pervasive sexual harassment for which Respondent was liable or that her termination was in retaliation for complaining about the harassment.
More
TempHtml
STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
MARLENA SEENAUGHT, EEOC Case No. 15D201900466
Petitioner, FCHR Case No. 2019-18039
v. DOAH Case No. 20-2539
MORTON PLANT HOSPITAL, BAYCARE, FCHR Order No. 21-020
Respondent.
/
FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE
Preliminary Matters
On February 28, 2019, Petitioner Marlena Seenaught filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2018), alleging that Respondent Morton Plant Hospital, Baycare, committed an unlawful employment practice against Petitioner on the bases of sex and retaliation.
The allegations set forth in the complaint were investigated, and, on April 29, 2020, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.
On June 1, 2020, 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.
On August 17 and August 19, 2020, a final evidentiary hearing was held in via Zoom Conference before Administrative Law Judge Jodi-Ann V. Livingstone.
Judge Livingstone issued a Recommended Order, dated October 15, 2020.
Judge Livingstone issued an Amended Recommended Order dated October 19, 2020.
The Commission panel designated below considered the record of this matter and determined the action to be taken on the Amended 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 March 31, 2021 2:54 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 party 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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.
DONE AND ORDERED this 31 day of March , 2021.
FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Mario Garza, Panel Chairperson; Commissioner Libby Farmer; and Commissioner Larry Hart
Filed this 31
day of
March
, 2021,
in Tallahassee, Florida.
Tammy Barton
Clerk
Commission on Human Relations 4075 Esplanade Way, Room 110
Tallahassee, FL 32399
(850) 488-7082
Copies furnished to:
Marlena Jacinta Seenaught 6201 Hillside Avenue
Seminole, Florida 33772
Morton Plant Hospital, Baycare c/o Ashley A. Tinsley, Esquire c/o Kevin D. Johnson, Esquire Johnson Jackson PLLC
100 North Tampa Street, Suite 2310
Tampa, FL 33602
Jodi-Ann V. Livingstone, Administrative Law Judge, DOAH Sarah Stewart, Legal Advisor for Commission Panel
I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 31 day of March , 2021.
By:
Tammy Barton
Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 20-002539
Issue Date |
Proceedings |
Mar. 31, 2021 |
Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
|
Nov. 19, 2020 |
Transmittal letter from Loretta Sloan forwarding Respondent's Exhibits to Respondent.
|
Nov. 19, 2020 |
Transmittal letter from Loretta Sloan forwarding Petitioner's Exhibits to Petitioner.
|
Nov. 18, 2020 |
Transmittal letter from Loretta Sloan forwarding records to the agency.
|
Oct. 19, 2020 |
Amended Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Oct. 19, 2020 |
Amended Recommended Order (hearing held August 17 and 19, 2020). CASE CLOSED.
|
Oct. 15, 2020 |
Recommended Order (hearing held August 17 and 19, 2020). CASE CLOSED.
|
Oct. 15, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
Sep. 28, 2020 |
Respondent Morton Plant Hospital, Baycare's Proposed Recommended Order filed.
|
Sep. 25, 2020 |
Transcript Fee filed.
|
Sep. 25, 2020 |
Petitioner's Proposed Recommended Order filed.
|
Sep. 17, 2020 |
Notice of Filing Transcript.
|
Sep. 16, 2020 |
Transcript of Proceedings (not available for viewing) filed. |
Aug. 19, 2020 |
CASE STATUS: Hearing Held. |
Aug. 18, 2020 |
Court Reporter Request filed.
|
Aug. 18, 2020 |
Order Rescheduling Hearing by Zoom Conference (hearing set for August 19, 2020; 9:30 a.m.; Tallahassee).
|
Aug. 17, 2020 |
CASE STATUS: Hearing Partially Held; continued to date not certain. |
Aug. 12, 2020 |
Respondent's Witness List filed.
|
Aug. 12, 2020 |
Amended Notice of Hearing by Zoom Conference (hearing set for August 17, 2020; 9:30 a.m.; Tallahassee; amended as to Hearing Type).
|
Aug. 12, 2020 |
Respondent's Amended Exhibits filed (exhibits not available for viewing). |
Aug. 12, 2020 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Aug. 12, 2020 |
Respondent's Amended Exhibit List filed.
|
Aug. 11, 2020 |
Petitioner's Witness List & Petitioner's Exhibit List filed.
|
Aug. 11, 2020 |
Respondent's Amended Proposed Exhibits filed (exhibits not available for viewing). |
Aug. 10, 2020 |
Respondent's Responses to Petitioner's First Request for Production filed.
|
Aug. 10, 2020 |
Respondent's Exhibit List filed.
|
Aug. 10, 2020 |
Respondent's Amended Motion to Allow for Hearing to Occur via Video Conferencing or, in the Alternative, for Continuance (amended as to conferral only) filed.
|
Aug. 10, 2020 |
Respondent's Motion to Allow for Hearing to Occur via Video Conferencing or, in the Alternative, for Continuance filed.
|
Aug. 10, 2020 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Jul. 22, 2020 |
Notice of Taking Deposition of Petitioner Marlena Seenaught filed.
|
Jul. 21, 2020 |
Respondent's Notice of Non-Party Production filed.
|
Jul. 13, 2020 |
Request for Production to Respondent filed.
|
Jun. 16, 2020 |
Respondent's Notice of Discovery Requests to Petitioner filed.
|
Jun. 12, 2020 |
Order of Pre-hearing Instructions.
|
Jun. 12, 2020 |
Notice of Hearing by Video Teleconference (hearing set for August 17, 2020; 9:30 a.m.; Tampa and Tallahassee, FL).
|
Jun. 10, 2020 |
Joint Response to Initial Order filed.
|
Jun. 10, 2020 |
Notice of Appearance (Kevin Johnson) filed.
|
Jun. 03, 2020 |
Initial Order.
|
Jun. 03, 2020 |
Employment Complaint of Discrimination filed.
|
Jun. 03, 2020 |
Notice of Determination: No Reasonable Cause filed.
|
Jun. 03, 2020 |
Determination: No Reasonable Cause filed.
|
Jun. 03, 2020 |
Petition for Relief filed.
|
Jun. 03, 2020 |
Transmittal of Petition filed by the Agency.
|
Orders for Case No: 20-002539
Issue Date |
Document |
Summary |
Mar. 31, 2021 |
Agency Final Order
|
|
Oct. 19, 2020 |
Recommended Order
|
|
Oct. 15, 2020 |
Recommended Order
|
Petitioner failed to establish she was subjected to severe and pervasive sexual harassment for which Respondent was liable or that her termination was in retaliation for complaining about the harassment.
|