Petitioner: SANDRA A. JONES
Respondent: ORANGE COUNTY CLERK OF COURTS
Judges: LINZIE F. BOGAN
Agency: Florida Commission on Human Relations
Locations: Orlando, Florida
Filed: Jul. 27, 2012
Status: Closed
Recommended Order on Thursday, June 27, 2013.
Latest Update: Sep. 12, 2013
Summary: Whether Respondent violated the Florida Civil Rights Act of 1992, as alleged in the Charge of Discrimination filed by Petitioner on December 9, 2011.Petitioner did not meet her burden of proving that Respondent engaged in an unlawful employment practice.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
SANDRA A. JONES, EEOC Case No. NONE
Petitioner, FCHR Case No. 2012-00598
v. DOAH Case No. 12-2550
ORANGE COUNTY CLERK OF COURTS, FCHR Order No. 13-059
Respondent.
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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE
Preliminary Matters
Petitioner Sandra A. Jones 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 Orange County Clerk of Courts committed unlawful employment practices on the basis of Petitioner’s disability and on the basis of retaliation by denying Petitioner’s request for leave of absence without pay following Petitioner’s completion of FMLA leave and by terminating Petitioner from employment.
The allegations set forth in the complaint were investigated, and, on June 27, 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 by video teleconference at sites in Tallahassee and Orlando, Florida, on April 25, 2013, before Administrative Law Judge Linzie F. Bogan.
Judge Bogan issued a Recommended Order of dismissal, dated June 27, 2013.
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 September 12, 2013 11:29 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 12th day of September , 2013. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Michael Keller; and
Commissioner Lizzette Romano
Filed this 12th day of September , 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:
Sandra A. Jones
2652 Cedar Bluff Lane Ocoee, FL 34761
Orange County Clerk of Courts c/o Donna M. Hansen, Esq.
Dean, Ringers, Morgan and Lawton, P.A. Post Office Box 2928
Orlando, FL 32802
Linzie F. Bogan, 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 12th day of September , 2013.
By: /s/ Clerk of the Commission
Florida Commission on Human Relations
Docket for Case No: 12-002550
Issue Date |
Proceedings |
Sep. 12, 2013 |
Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
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Jun. 27, 2013 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Jun. 27, 2013 |
Recommended Order (hearing held April 25, 2013). CASE CLOSED.
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Jun. 07, 2013 |
Respondent's Proposed Findings of Fact and Conclusions of Law filed.
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Jun. 03, 2013 |
Transcript (not available for viewing) filed. |
Jun. 03, 2013 |
Petitioner`s Proposed Recommended Order filed.
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May 28, 2013 |
Order Regarding Proposed Recommended Orders.
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Apr. 25, 2013 |
CASE STATUS: Hearing Held. |
Apr. 19, 2013 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Apr. 19, 2013 |
Respondent, Orange County Clerk of Courts' Witness List filed.
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Apr. 19, 2013 |
Respondent, Orange County Clerk of Courts' (Proposed) Exhibit List filed.
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Apr. 18, 2013 |
Respondent's Notice of Filing filed.
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Apr. 18, 2013 |
Notice of Appearance (Donna Hansen) filed.
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Mar. 18, 2013 |
Court Reporter Notice filed.
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Mar. 18, 2013 |
Order Re-scheduling Hearing by Video Teleconference (hearing set for April 25, 2013; 9:30 a.m.; Orlando, FL).
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Mar. 15, 2013 |
Notice of Compliance with Court's Order Granting Continuance filed.
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Mar. 07, 2013 |
Order Granting Continuance (parties to advise status by March 15, 2013).
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Mar. 06, 2013 |
Respondent's Renewed Motion for Continuance filed.
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Feb. 27, 2013 |
Order Denying Continuance of Final Hearing.
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Feb. 25, 2013 |
Respondent's Unopposed Motion for Continuance filed.
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Jan. 29, 2013 |
Notice of Taking Deposition (of J. Clarke) filed.
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Dec. 11, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for March 26 and 27, 2013; 9:30 a.m.; Orlando, FL).
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Dec. 11, 2012 |
Second Joint Motion and Stipulation for Continuance filed.
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Dec. 11, 2012 |
CASE STATUS: Pre-Hearing Conference Held. |
Dec. 04, 2012 |
Notice of Telephonic Pre-hearing Conference (set for December 11, 2012; 10:00 a.m.).
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Nov. 16, 2012 |
Second Amended Notice of Taking Deposition Duces Tecum (of S. Jones) filed.
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Nov. 15, 2012 |
Amended Notice of Taking Deposition Duces Tecum (of S. Jones) filed.
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Nov. 06, 2012 |
Respondent, Orange County Clerk of Courts' Motion to Compel Answers to Interrogatories and Responses to Request to Produce filed.
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Oct. 30, 2012 |
Amended Notice of Hearing (hearing set for December 18 and 19, 2012; 9:30 a.m.; Orlando, FL; amended as to date of hearing).
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Oct. 22, 2012 |
Notice of Hearing by Video Teleconference (hearing set for March 11 and 12, 2013; 9:30 a.m.; Orlando and Tallahassee, FL).
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Oct. 22, 2012 |
Order of Pre-hearing Instructions.
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Oct. 18, 2012 |
Status Report filed.
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Oct. 11, 2012 |
Notice of Taking Deposition Duces Tecum (of S. Jones) filed.
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Oct. 03, 2012 |
Order Granting Continuance (parties to advise status by October 22, 2012).
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Oct. 01, 2012 |
Joint Motion and Stipulation for Continuance filed.
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Sep. 07, 2012 |
Notice of Appearance (Gail Bradford) filed.
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Aug. 23, 2012 |
Respondent, Orange County Clerk of Courts, First Request to Produce for Inspection and Copying to Petitioner filed.
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Aug. 23, 2012 |
Defendant, Orange County Clerk of Courts', Notice of Service of First Set of Interrogatories to Petitioner filed.
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Aug. 08, 2012 |
Order of Pre-hearing Instructions.
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Aug. 08, 2012 |
Notice of Hearing (hearing set for October 16 through 19, 2012; 9:00 a.m.; Orlando, FL).
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Aug. 06, 2012 |
Respondent, Orange County Clerk of Courts', Amended Response to Initial Order filed.
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Aug. 03, 2012 |
Unilateral Response to Initial Order filed.
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Aug. 03, 2012 |
Notice of Appearance (Douglas Noah) filed.
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Aug. 03, 2012 |
Notice of Withdrawal filed.
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Jul. 27, 2012 |
Initial Order.
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Jul. 27, 2012 |
Notice of Determination: No Cause filed.
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Jul. 27, 2012 |
Determination: No Cause filed.
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Jul. 27, 2012 |
Charge of Discrimination filed.
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Jul. 27, 2012 |
Transmittal of Petition filed by the Agency.
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Jul. 27, 2012 |
Petition for Relief filed.
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Orders for Case No: 12-002550
Issue Date |
Document |
Summary |
Sep. 12, 2013 |
Agency Final Order
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Jun. 27, 2013 |
Recommended Order
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Petitioner did not meet her burden of proving that Respondent engaged in an unlawful employment practice.
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