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DORETHA PEARSON vs MRMC - MUNROE REGIONAL HEALTH SYSTEM, INC., 12-001702 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-001702 Visitors: 17
Petitioner: DORETHA PEARSON
Respondent: MRMC - MUNROE REGIONAL HEALTH SYSTEM, INC.
Judges: BARBARA J. STAROS
Agency: Florida Commission on Human Relations
Locations: Ocala, Florida
Filed: May 15, 2012
Status: Closed
Recommended Order on Tuesday, December 11, 2012.

Latest Update: May 08, 2013
Summary: Whether Respondent violated the Florida Civil Rights Act of 1992, as alleged in the Employment Complaint of Discrimination filed by Petitioner.Petitioner did not present a prima facie case of discrimination. Respondent set forth a legitimate, non-discriminatory reason for her termination.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


DORETHA PEARSON, EEOC Case No. NONE


Petitioner, FCHR Case No. 2012-00419


v. DOAH Case No. 12-1702


MRMC-MUNROE REGIONAL FCHR Order No. 13-039 HEALTH SYSTEMS, INC.,


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Doretha Pearson 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 MRMC-Munroe Regional Health Systems, Inc., committed unlawful employment practices on the bases of Petitioner’s race (not identified in the complaint, but in the Amended Recommended Order found to be African-American), color, disability, and on the basis of retaliation when it terminated Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on May 10, 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 Ocala, Florida, on October 9, 2012, before Administrative Law Judge Barbara J. Staros.

Judge Staros issued a Recommended Order of dismissal, dated December 11, 2012.

The Commission issued an “Order Remanding Case to Administrative Law Judge for Re-Issuance of Recommended Order,” FCHR Order No. 13-015, dated February 26, 2013, remanding the case to the Administrative Law Judge because of concerns over the correctness of the address to which the Recommended Order had been mailed to Petitioner.

Judge Staros re-issued the order, now entitled, “Amended Recommended Order,” dated February 26, 2013.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Amended Recommended Order.


Filed May 8, 2013 11:06 AM Division of Administrative Hearings


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.


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 Amended 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 8th day of May , 2013. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Michell Long; and

Commissioner Mario M. Valle


Filed this 8th day of May , 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:


Doretha Pearson

3001 Southeast Lake Weir Avenue Number 904

Ocala, FL 34471


MRMC-Munroe Regional Health Systems, Inc. c/o Kenneth A. Knox, Esq.

Fisher & Phillips, LLP

450 East Las Olas Boulevard, Ste. 800 Fort Lauderdale, FL 33301


Barbara J. Staros, 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 8th day of May , 2013.


By: /s/ Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 12-001702
Issue Date Proceedings
May 08, 2013 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Feb. 26, 2013 Amended Recommended Order.
Feb. 26, 2013 Amended Recommended Order cover letter.
Feb. 26, 2013 Agency Final Order Remanding Case to Administrative Law Judge for Re-issuance of Recommended Order filed.
Dec. 11, 2012 Recommended Order (hearing held October 9, 2012). CASE CLOSED.
Dec. 11, 2012 Recommended Order cover letter identifying the hearing record referred to the Agency.
Nov. 29, 2012 Petitioner`s Proposed Recommended Order filed.
Nov. 20, 2012 Respondent's Proposed Recommended Order filed.
Nov. 08, 2012 Notice of Filing Transcript.
Nov. 08, 2012 Transcript of Proceedings Volume I-II (not available for viewing) filed.
Oct. 09, 2012 CASE STATUS: Hearing Held.
Oct. 04, 2012 Pre-hearing Stipulation filed.
Oct. 01, 2012 CASE STATUS: Pre-Hearing Conference Held.
Aug. 21, 2012 Order Granting Motion to Withdraw as Counsel.
Aug. 10, 2012 Motion to Withdrawal as Counsel for Petitioner filed.
Jul. 12, 2012 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 9, 2012; 9:00 a.m.; Ocala, FL).
Jul. 11, 2012 CASE STATUS: Motion Hearing Held.
Jul. 09, 2012 Motion for Continuance of Final Hearing filed.
Jun. 06, 2012 Order of Pre-hearing Instructions.
Jun. 06, 2012 Notice of Hearing (hearing set for July 17, 2012; 9:00 a.m.; Ocala, FL).
May 15, 2012 Initial Order.
May 15, 2012 Employment Complaint of Discrimination filed.
May 15, 2012 Notice of Determination: No Cause filed.
May 15, 2012 Determination: No Cause filed.
May 15, 2012 Transmittal of Petition filed by the Agency.
May 15, 2012 Petition for Relief filed.

Orders for Case No: 12-001702
Issue Date Document Summary
May 08, 2013 Agency Final Order
Feb. 26, 2013 Amended RO Amended as to address of Petitioner.
Feb. 26, 2013 Agency Final Order
Dec. 11, 2012 Recommended Order Petitioner did not present a prima facie case of discrimination. Respondent set forth a legitimate, non-discriminatory reason for her termination.
Source:  Florida - Division of Administrative Hearings

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