Petitioner: STEPHANIE RICHARDSON
Respondent: DEPARTMENT OF CORRECTIONS
Judges: F. SCOTT BOYD
Agency: Florida Commission on Human Relations
Locations: Lake Butler, Florida
Filed: Feb. 10, 2012
Status: Closed
Recommended Order on Friday, November 30, 2012.
Latest Update: Feb. 06, 2013
Summary: The issue is whether the Respondent committed an unlawful employment practice under section 760.10, Florida Statutes, (2010), by discriminating against Petitioner on the basis of sex through the creation of a hostile work environment or through constructive discharge, and if so, what remedy should be ordered.Petitioner failed to prove that sexual harassement was sufficiently severe or pervasive to create discriminating abusive working environment.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
STEPHANIE RICHARDSON, EEOC Case No. NONE
Petitioner, FCHR Case No. 2011-01816
v. DOAH Case No. 12-0540
DEPARTMENT OF CORRECTIONS, FCHR Order No. 13-009
Respondent.
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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE
Preliminary Matters
Petitioner Stephanie Richardson filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2010), alleging that Respondent Department of Corrections committed unlawful employment practices on the basis of Petitioner’s sex (female / sexual harassment) by subjecting Petitioner to a hostile work environment and by constructively discharging Petitioner.
The allegations set forth in the complaint were investigated, and, on January 13, 2012, 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 in Lake Butler, Florida, on June 1, 2012, before Administrative Law Judge F. Scott Boyd.
Judge Boyd issued a Recommended Order of dismissal, dated November 30, 2012.
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 February 6, 2013 9:19 AM 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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.
DONE AND ORDERED this 6th day of February , 2013. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner James Johns
Filed this 6th day of February , 2013, in Tallahassee, Florida.
/s/ Violet Crawford, Clerk
Commission on Human Relations 2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082
Copies furnished to:
Stephanie Richardson c/o Anita J. Patel, Esq.
c/o Lisa A. Schlitzkus, Esq.
Law Office of Lisa A. Schlitzkus, P.A. 118 North Marion Avenue
Lake City, FL 32055
Department of Corrections
c/o Michael Bryan Golen, Esq. 501 South Calhoun Street Tallahassee, FL 32399
F. Scott Boyd, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel
I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 6th day of February , 2013.
By: /s/ Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 12-000540
Issue Date |
Proceedings |
Feb. 06, 2013 |
Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
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Nov. 30, 2012 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Nov. 30, 2012 |
Recommended Order (hearing held June 1, 2012). CASE CLOSED.
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Oct. 24, 2012 |
Amended Respondent's Proposed Recommended Order filed.
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Oct. 24, 2012 |
(Amended) Petitioner's Proposed Recommended Order filed.
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Oct. 22, 2012 |
Respondent's Proposed Recommended Order filed.
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Oct. 22, 2012 |
Petitioner's Proposed Recommended Order filed.
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Oct. 22, 2012 |
Petitioner's Memorandum in Support of Admissibility of Office of Inspector General's Report No. 10-2-10464 filed.
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Oct. 22, 2012 |
Petitioner's Written Closing filed.
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Oct. 22, 2012 |
Petitioner's Written Closing filed.
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Oct. 12, 2012 |
Transcript (not available for viewing) filed. |
Oct. 10, 2012 |
Transcript of Proceedings Volume II (not available for viewing) filed. |
Sep. 05, 2012 |
Motion for Contempt filed.
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Aug. 17, 2012 |
Notice of Unavailability filed.
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Aug. 15, 2012 |
Order to Court Reporter to File Transcript to Release Stenographic Notes and Audio Recordings..
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Aug. 10, 2012 |
Motion for Order Directing Court Reporter to File Transcript or Produce Stenographic Notes and Audio Recording filed.
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Jul. 24, 2012 |
Notice of Filing Email from Court Reporter filed.
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Jul. 20, 2012 |
Order to Court Reporter to File Transcript or Show Cause.
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Jul. 18, 2012 |
Motion for Order Directing Court Reporter to File Transcript of June 1, 2012 Hearing filed.
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Jun. 04, 2012 |
Affidavit of Notary filed.
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Jun. 04, 2012 |
Notice of Filing Original Deposition of Judith Nader filed.
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Jun. 01, 2012 |
CASE STATUS: Hearing Held. |
May 31, 2012 |
Notice of Filing Deposition of Judith Nader filed.
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May 30, 2012 |
Petitioner's Amended Pre-hearing Stipulation filed.
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May 30, 2012 |
Notice of Filing Return of Service filed.
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May 22, 2012 |
Notice of Certified Court Reporter filed.
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May 15, 2012 |
Notice of Filing Returns of Service filed.
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Apr. 26, 2012 |
Order Re-scheduling Hearing (hearing set for June 1, 2012; 10:00 a.m.; Lake Butler, FL).
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Apr. 24, 2012 |
Notice of Taking Deposition (of J. Nader) filed.
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Apr. 18, 2012 |
Joint Response to Order Granting Continuance filed.
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Apr. 18, 2012 |
Order Granting Continuance (parties to advise status by April 27, 2012).
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Apr. 17, 2012 |
Amended Motion for Continuance filed.
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Apr. 17, 2012 |
Petitioner's Motion for Continuance filed.
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Apr. 17, 2012 |
Notice of Clarification filed.
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Apr. 17, 2012 |
Order Authorizing Telephone Testimony.
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Apr. 17, 2012 |
Order Denying Motion to Relinquish Jurisdiction.
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Apr. 16, 2012 |
Petitioner's Objection to Motion to Introduce Testimony by Telephone Conference filed.
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Apr. 13, 2012 |
Respondent's Amended Pre-Hearing Stipulation filed.
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Apr. 12, 2012 |
Respondent's Motion to Introduce Testimony by Telephone Conference filed.
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Apr. 11, 2012 |
Pre-hearing Stipulation filed.
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Apr. 11, 2012 |
Petitioner's Response to Respondent's Motion to Relinquish Jurisdiction filed.
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Apr. 09, 2012 |
Respondent's Motion to Relinquish Jurisdiction filed.
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Mar. 28, 2012 |
Notice of Service of Response to Petitioner's First Request for Admissions filed.
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Mar. 27, 2012 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for April 26, 2012; 10:00 a.m.; Lake Butler, FL).
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Mar. 26, 2012 |
Notice of Service of Response to Petitioner's First Request for Production filed.
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Mar. 22, 2012 |
Notice of Service of Response to Respondents Request of Interrogatories filed.
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Mar. 22, 2012 |
Notice of Service of Response to Respondent's Request for Admissions filed.
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Mar. 20, 2012 |
Petitioner's Motion for Continuance filed.
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Mar. 08, 2012 |
Petitioner's Request for Admissions filed.
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Feb. 22, 2012 |
Notice of Service of Interrogatories filed.
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Feb. 22, 2012 |
Notice of Serving Respondent's First Request for Admissions filed.
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Feb. 21, 2012 |
Order of Pre-hearing Instructions.
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Feb. 21, 2012 |
Notice of Hearing (hearing set for April 10, 2012; 10:00 a.m.; Lake Butler, FL).
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Feb. 20, 2012 |
Petitioner's First Request to Produce filed.
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Feb. 16, 2012 |
Notice of Filing Attachment to Petition for Relief filed.
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Feb. 16, 2012 |
Joint Response to Initial Order filed.
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Feb. 15, 2012 |
Notice of Appearance (Michael Golen) filed.
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Feb. 10, 2012 |
Employment Complaint of Discrimination filed.
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Feb. 10, 2012 |
Notice of Determination: No Cause filed.
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Feb. 10, 2012 |
Determination: No Cause filed.
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Feb. 10, 2012 |
Initial Order.
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Feb. 10, 2012 |
Transmittal of Petition filed by the Agency.
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Feb. 10, 2012 |
Petition for Relief filed.
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Orders for Case No: 12-000540
Issue Date |
Document |
Summary |
Feb. 06, 2013 |
Agency Final Order
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Nov. 30, 2012 |
Recommended Order
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Petitioner failed to prove that sexual harassement was sufficiently severe or pervasive to create discriminating abusive working environment.
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