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STEPHANIE RICHARDSON vs DEPARTMENT OF CORRECTIONS, 12-000540 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000540 Visitors: 41
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.
TempHtml


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.

/


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.
Nov. 30, 2012 Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 30, 2012 Recommended Order (hearing held June 1, 2012). CASE CLOSED.
Oct. 24, 2012 Amended Respondent's Proposed Recommended Order filed.
Oct. 24, 2012 (Amended) Petitioner's Proposed Recommended Order filed.
Oct. 22, 2012 Respondent's Proposed Recommended Order filed.
Oct. 22, 2012 Petitioner's Proposed Recommended Order filed.
Oct. 22, 2012 Petitioner's Memorandum in Support of Admissibility of Office of Inspector General's Report No. 10-2-10464 filed.
Oct. 22, 2012 Petitioner's Written Closing filed.
Oct. 22, 2012 Petitioner's Written Closing filed.
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.
Aug. 17, 2012 Notice of Unavailability filed.
Aug. 15, 2012 Order to Court Reporter to File Transcript to Release Stenographic Notes and Audio Recordings..
Aug. 10, 2012 Motion for Order Directing Court Reporter to File Transcript or Produce Stenographic Notes and Audio Recording filed.
Jul. 24, 2012 Notice of Filing Email from Court Reporter filed.
Jul. 20, 2012 Order to Court Reporter to File Transcript or Show Cause.
Jul. 18, 2012 Motion for Order Directing Court Reporter to File Transcript of June 1, 2012 Hearing filed.
Jun. 04, 2012 Affidavit of Notary filed.
Jun. 04, 2012 Notice of Filing Original Deposition of Judith Nader filed.
Jun. 01, 2012 CASE STATUS: Hearing Held.
May 31, 2012 Notice of Filing Deposition of Judith Nader filed.
May 30, 2012 Petitioner's Amended Pre-hearing Stipulation filed.
May 30, 2012 Notice of Filing Return of Service filed.
May 22, 2012 Notice of Certified Court Reporter filed.
May 15, 2012 Notice of Filing Returns of Service filed.
Apr. 26, 2012 Order Re-scheduling Hearing (hearing set for June 1, 2012; 10:00 a.m.; Lake Butler, FL).
Apr. 24, 2012 Notice of Taking Deposition (of J. Nader) filed.
Apr. 18, 2012 Joint Response to Order Granting Continuance filed.
Apr. 18, 2012 Order Granting Continuance (parties to advise status by April 27, 2012).
Apr. 17, 2012 Amended Motion for Continuance filed.
Apr. 17, 2012 Petitioner's Motion for Continuance filed.
Apr. 17, 2012 Notice of Clarification filed.
Apr. 17, 2012 Order Authorizing Telephone Testimony.
Apr. 17, 2012 Order Denying Motion to Relinquish Jurisdiction.
Apr. 16, 2012 Petitioner's Objection to Motion to Introduce Testimony by Telephone Conference filed.
Apr. 13, 2012 Respondent's Amended Pre-Hearing Stipulation filed.
Apr. 12, 2012 Respondent's Motion to Introduce Testimony by Telephone Conference filed.
Apr. 11, 2012 Pre-hearing Stipulation filed.
Apr. 11, 2012 Petitioner's Response to Respondent's Motion to Relinquish Jurisdiction filed.
Apr. 09, 2012 Respondent's Motion to Relinquish Jurisdiction filed.
Mar. 28, 2012 Notice of Service of Response to Petitioner's First Request for Admissions filed.
Mar. 27, 2012 Order Granting Continuance and Re-scheduling Hearing (hearing set for April 26, 2012; 10:00 a.m.; Lake Butler, FL).
Mar. 26, 2012 Notice of Service of Response to Petitioner's First Request for Production filed.
Mar. 22, 2012 Notice of Service of Response to Respondents Request of Interrogatories filed.
Mar. 22, 2012 Notice of Service of Response to Respondent's Request for Admissions filed.
Mar. 20, 2012 Petitioner's Motion for Continuance filed.
Mar. 08, 2012 Petitioner's Request for Admissions filed.
Feb. 22, 2012 Notice of Service of Interrogatories filed.
Feb. 22, 2012 Notice of Serving Respondent's First Request for Admissions filed.
Feb. 21, 2012 Order of Pre-hearing Instructions.
Feb. 21, 2012 Notice of Hearing (hearing set for April 10, 2012; 10:00 a.m.; Lake Butler, FL).
Feb. 20, 2012 Petitioner's First Request to Produce filed.
Feb. 16, 2012 Notice of Filing Attachment to Petition for Relief filed.
Feb. 16, 2012 Joint Response to Initial Order filed.
Feb. 15, 2012 Notice of Appearance (Michael Golen) filed.
Feb. 10, 2012 Employment Complaint of Discrimination filed.
Feb. 10, 2012 Notice of Determination: No Cause filed.
Feb. 10, 2012 Determination: No Cause filed.
Feb. 10, 2012 Initial Order.
Feb. 10, 2012 Transmittal of Petition filed by the Agency.
Feb. 10, 2012 Petition for Relief filed.

Orders for Case No: 12-000540
Issue Date Document Summary
Feb. 06, 2013 Agency Final Order
Nov. 30, 2012 Recommended Order Petitioner failed to prove that sexual harassement was sufficiently severe or pervasive to create discriminating abusive working environment.
Source:  Florida - Division of Administrative Hearings

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