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SANDRA A. JONES vs ORANGE COUNTY CLERK OF COURTS, 12-002550 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-002550 Visitors: 9
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.

/


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.
Jun. 27, 2013 Recommended Order cover letter identifying the hearing record referred to the Agency.
Jun. 27, 2013 Recommended Order (hearing held April 25, 2013). CASE CLOSED.
Jun. 07, 2013 Respondent's Proposed Findings of Fact and Conclusions of Law filed.
Jun. 03, 2013 Transcript (not available for viewing) filed.
Jun. 03, 2013 Petitioner`s Proposed Recommended Order filed.
May 28, 2013 Order Regarding Proposed Recommended Orders.
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.
Apr. 19, 2013 Respondent, Orange County Clerk of Courts' (Proposed) Exhibit List filed.
Apr. 18, 2013 Respondent's Notice of Filing filed.
Apr. 18, 2013 Notice of Appearance (Donna Hansen) filed.
Mar. 18, 2013 Court Reporter Notice filed.
Mar. 18, 2013 Order Re-scheduling Hearing by Video Teleconference (hearing set for April 25, 2013; 9:30 a.m.; Orlando, FL).
Mar. 15, 2013 Notice of Compliance with Court's Order Granting Continuance filed.
Mar. 07, 2013 Order Granting Continuance (parties to advise status by March 15, 2013).
Mar. 06, 2013 Respondent's Renewed Motion for Continuance filed.
Feb. 27, 2013 Order Denying Continuance of Final Hearing.
Feb. 25, 2013 Respondent's Unopposed Motion for Continuance filed.
Jan. 29, 2013 Notice of Taking Deposition (of J. Clarke) filed.
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).
Dec. 11, 2012 Second Joint Motion and Stipulation for Continuance filed.
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.).
Nov. 16, 2012 Second Amended Notice of Taking Deposition Duces Tecum (of S. Jones) filed.
Nov. 15, 2012 Amended Notice of Taking Deposition Duces Tecum (of S. Jones) filed.
Nov. 06, 2012 Respondent, Orange County Clerk of Courts' Motion to Compel Answers to Interrogatories and Responses to Request to Produce filed.
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).
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).
Oct. 22, 2012 Order of Pre-hearing Instructions.
Oct. 18, 2012 Status Report filed.
Oct. 11, 2012 Notice of Taking Deposition Duces Tecum (of S. Jones) filed.
Oct. 03, 2012 Order Granting Continuance (parties to advise status by October 22, 2012).
Oct. 01, 2012 Joint Motion and Stipulation for Continuance filed.
Sep. 07, 2012 Notice of Appearance (Gail Bradford) filed.
Aug. 23, 2012 Respondent, Orange County Clerk of Courts, First Request to Produce for Inspection and Copying to Petitioner filed.
Aug. 23, 2012 Defendant, Orange County Clerk of Courts', Notice of Service of First Set of Interrogatories to Petitioner filed.
Aug. 08, 2012 Order of Pre-hearing Instructions.
Aug. 08, 2012 Notice of Hearing (hearing set for October 16 through 19, 2012; 9:00 a.m.; Orlando, FL).
Aug. 06, 2012 Respondent, Orange County Clerk of Courts', Amended Response to Initial Order filed.
Aug. 03, 2012 Unilateral Response to Initial Order filed.
Aug. 03, 2012 Notice of Appearance (Douglas Noah) filed.
Aug. 03, 2012 Notice of Withdrawal filed.
Jul. 27, 2012 Initial Order.
Jul. 27, 2012 Notice of Determination: No Cause filed.
Jul. 27, 2012 Determination: No Cause filed.
Jul. 27, 2012 Charge of Discrimination filed.
Jul. 27, 2012 Transmittal of Petition filed by the Agency.
Jul. 27, 2012 Petition for Relief filed.

Orders for Case No: 12-002550
Issue Date Document Summary
Sep. 12, 2013 Agency Final Order
Jun. 27, 2013 Recommended Order Petitioner did not meet her burden of proving that Respondent engaged in an unlawful employment practice.
Source:  Florida - Division of Administrative Hearings

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