Petitioner: JANICE B. CAMPBELL
Respondent: COX CABLE
Judges: SUZANNE VAN WYK
Agency: Florida Commission on Human Relations
Locations: Pensacola, Florida
Filed: Aug. 07, 2012
Status: Closed
Recommended Order on Tuesday, November 13, 2012.
Latest Update: Feb. 06, 2013
Summary: Whether Respondent, Cox Cable, discriminated against Petitioner, Janice B. Campbell, in violation of the Florida Civil Rights Act of 1992 (“the Act”), sections 760.01–760.11 and 509.092, Florida Statutes, by disciplining and then terminating her, in retaliation for her participation in a protected activity under the Act.Petitioner failed to prove by a preponderence of the evidence that Respondent discriminated against her in retaliation for engaging in a protected activity in violation of the Fl
Summary: Whether Respondent, Cox Cable, discriminated against Petitioner, Janice B. Campbell, in violation of the Florida Civil Rights Act of 1992 (“the Act”), sections 760.01–760.11 and 509.092, Florida Statutes, by disciplining and then terminating her, in retaliation for her participation in a protected activity under the Act.Petitioner failed to prove by a preponderence of the evidence that Respondent discriminated against her in retaliation for engaging in a protected activity in violation of the Florida Civil Rights Act of 1992.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
JANICE B. CAMPBELL, EEOC Case No. 15D201200329
Petitioner, FCHR Case No. 2012-01182
v. DOAH Case No. 12-2617
COX CABLE, FCHR Order No. 13-006
Respondent.
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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE
Preliminary Matters
Petitioner Janice B. Campbell filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2011), alleging that Respondent Cox Cable committed an unlawful employment practice on the basis of retaliation by terminating Petitioner from employment.
The allegations set forth in the complaint were investigated, and, on July 3, 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 Pensacola and Tallahassee, Florida, on October 4, 2012, before Administrative Law Judge Suzanne Van Wyk.
2012.
Judge Van Wyk issued a Recommended Order of dismissal, dated November 13,
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 9:16 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:
Janice B. Campbell 6270 Confederate Drive
Pensacola, FL 32508
Cox Cable
c/o William Drummond Deveney, Esq. Elarbee, Thompson, Sapp and Wilson, LLP 800 International Tower
229 Peachtree Street, Northeast Atlanta, GA 30303
Suzanne Van Wyk, 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: 12-002617
Issue Date |
Proceedings |
Feb. 06, 2013 |
Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
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Nov. 13, 2012 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Nov. 13, 2012 |
Recommended Order (hearing held October 4, 2012). CASE CLOSED.
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Nov. 06, 2012 |
Petitioner`s Proposed Recommended Order filed.
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Nov. 02, 2012 |
Respondent's Proposed Recommended Order filed.
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Oct. 23, 2012 |
Transcript (not available for viewing) filed. |
Oct. 04, 2012 |
CASE STATUS: Hearing Held. |
Oct. 02, 2012 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 02, 2012 |
Respondent's Supplemental Notice of Filing of Proposed Exhibits filed.
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Sep. 28, 2012 |
Respondent's Notice of Intent to Provide Certified Court Reporter filed.
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Sep. 27, 2012 |
Respondent's Witness List filed.
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Sep. 27, 2012 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Sep. 27, 2012 |
Respondent's Notice of Filing of Proposed Exhibits filed.
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Sep. 12, 2012 |
Order Accepting Qualified Representative.
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Sep. 12, 2012 |
Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for October 4, 2012; 9:30 a.m., Central Time; Pensacola, FL).
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Sep. 11, 2012 |
Respondent's (Proposed) Exhibit List filed.
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Sep. 11, 2012 |
Respondent's Witness List filed.
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Sep. 10, 2012 |
Respondent's Motion for Extension of Hearing Date and Related Deadlines filed.
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Sep. 07, 2012 |
Notice of Appearance and Request to Appear as the Qualified Representative of Record on Behalf of Cox Cable filed.
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Sep. 07, 2012 |
Notice of Appearance (William Deveney) filed.
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Aug. 17, 2012 |
Order of Pre-hearing Instructions.
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Aug. 17, 2012 |
Notice of Hearing by Video Teleconference (hearing set for September 18, 2012; 9:00 a.m., Central Time; Pensacola and Tallahassee, FL).
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Aug. 08, 2012 |
Initial Order.
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Aug. 07, 2012 |
Employment Complaint of Discrimination filed.
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Aug. 07, 2012 |
Notice of Determination: No Cause filed.
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Aug. 07, 2012 |
Determination: No Cause filed.
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Aug. 07, 2012 |
Transmittal of Petition filed by the Agency.
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Aug. 07, 2012 |
Petition for Relief filed.
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Orders for Case No: 12-002617
Issue Date |
Document |
Summary |
Feb. 06, 2013 |
Agency Final Order
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Nov. 13, 2012 |
Recommended Order
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Petitioner failed to prove by a preponderence of the evidence that Respondent discriminated against her in retaliation for engaging in a protected activity in violation of the Florida Civil Rights Act of 1992.
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