STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

CHARLOTTE A. PINKERTON, EEOC No. 15D201400098

Petitioner, FCHR Case No. 2013-02051

v. DOAH No. 14-2526

FLORIDA DEPARTMENT OF CORRECTIONS,

FCHR Order No. 15-028

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Charlotte A. Pinkerton filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2012), alleging that Respondent Florida Department of Corrections committed unlawful employment practices on the bases of Petitioner's race (white), age (DOB: 3-31-47) and disability by subjecting Petitioner to harassment and by retaliating against Petitioner for complaining about the harassment by creating a hostile work environment, resulting in Petitioner's constructive discharge from employment.

The allegations set forth in the complaint were investigated, and, on May 5,

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 Clermont, Florida, on February 6, before Administrative Law Judge Lynne A. Quimby-Pennock.

Judge Quimby-Pennock issued a Recommended Order of dismissal, dated March 4,

2015.

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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the

Filed May 26, 2015 3:18 PM Division of Administrative Hearings

FCHR Order No. 15-028

Page 2

Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et 527 So. 2d 894, at 897, 898 5th DCA Accord, Coleman v. Daytona Beach, Ocean Center Parking Garage, FCHR Order No. 14-034 (September 10,

Gantz, et al. v. Zion's Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. (June 6, and Hall v. Villages of West Oaks HOA. FCHR Order No. 08-007

(January 14, 2008).

We adopt the Administrative Law Judge's findings of fact.

Conclusions of Law

We 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

DONE AND ORDERED ( day of

, 2015.

FOR THE FLORIDA COMMISSION ON HUM. RELATIONS:

Commissioner Michael Keller, Panel Chairperson; Commissioner Onelia and Commissioner J. Jeff Graber

FCHR Order No. 15-028 3

4075 Esplanade Way, Room Tallahassee, FL

Copies furnished to:

Charlotte A. Pinkerton c/o Jamison Jessup, Qualified Representative

557 Avenue Deltona, FL 32738

Florida Department of Corrections c/o Todd Evan Studley, Esq.

South Calhoun Street Tallahassee, FL 32399

Lynne A. Quimby-Pennock, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a the foregoing has been mailed to the above

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-002526

Orders for Case No: 14-002526