Petitioner: SONIA E. BROWN
Respondent: POINCIANA MEDICAL CENTER HCA
Judges: D. R. ALEXANDER
Agency: Commissions
Locations: Orlando, Florida
Filed: Jun. 24, 2014
Status: Closed
Recommended Order on Tuesday, May 19, 2015.
Latest Update: Jul. 31, 2015
Summary: The issue is whether Petitioner was unlawfully terminated from employment in retaliation for engaging in a protected activity, in violation of the Florida Civil Rights Act of 1992, as amended.Petitioner failed to prove that she was terminated in retaliation for engaging in a protected activity with her previous employer.
TempHtml
STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
E. BROWN, EEOC No. 15D201400085 Petitioner, FCHR Case No.
v. DOAH No. 14-2976
MEDICAL CENTER HCA, FCHR Order No. 15-048
Respondent.
FINAL ORDER DISMISSING PETITIO N FOR RELIE F AN UNLAWFUL EMPLOYMENT
Preliminary Matters
Petitioner E. Brown filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2013), alleging that Respondent Medical Center HCA committed unlawful employment practices on the basis of retaliation by harassing Petitioner, unfairly disciplining Petitioner and by terminating Petitioner from employment.
The allegations set forth in the complaint were investigated, and, on May 20, 2014, the Executive Director issued a determination finding that there was 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 Orlando and Tallahassee, Florida, on March 12, before Administrative Law Judge D. R. Alexander.
Judge Alexander issued a Recommended Order of dismissal, dated May
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 July 31, 2015 10:36 AM Division of Administrative Hearings
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 Florida Statutes, and in the Florida Rules of Appellate Procedure
DONE AND ORDERED day of
FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Michael Keller, Panel Chairperson; Commissioner Daniel; and
Commissioner Sandra Turner
Filed this day of in Tallahassee, Florida.
Clerk
Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399
(850) 488-7082
Copies furnished to:
E. Brown
Eagles Crossing Drive Orlando, FL 32837-6920
Medical Center HCA c/o Lori R. Benton, Esq.
Ford and Harrison, LLP
South Orange Avenue, Suite FL 32801-3379
D. R. Alexander, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel
I HEREBY CERTIFY that a the foregoing has been mailed to the above
By: /
Clerk of the
Florida Commission on Human Relations
Docket for Case No: 14-002976
Issue Date |
Proceedings |
Jul. 31, 2015 |
Agency Final Order filed.
|
May 21, 2015 |
Transmittal letter from Claudia Llado returning Depositions of Sonia E. Brown taken October 13, 2014 and January 20, 2015 to Respondent.
|
May 19, 2015 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
May 19, 2015 |
Recommended Order (hearing held March 12, 2015). CASE CLOSED.
|
May 07, 2015 |
Respondent Poinciana Medical Center's Proposed Recommended Order filed.
|
May 07, 2015 |
Respondent Poinciana Medical Center's List of Exhibits Offered into Evidence During the Final Hearing Referenced in Respondent?s Proposed Recommended Order filed.
|
May 07, 2015 |
Respondent Poinciana Medical Center's Proposed Recommended Order filed.
|
Apr. 20, 2015 |
Letter to Judge Alexander from Sonia Brown regarding Judge's Recommended Order in current case filed.
|
Apr. 10, 2015 |
Transcript of Proceedings Volumes I and II (not available for viewing) filed. |
Apr. 07, 2015 |
Respondent Poinciana Medical Centers Notice of Receipt of Final Hearing Transcript filed.
|
Mar. 30, 2015 |
Page 3 of Petitioner's Proposed Recommended Order filed.
|
Mar. 23, 2015 |
Petitioner's Exhibit F filed.
|
Mar. 20, 2015 |
Petitioner`s Proposed Findings of Fact and Conclusions of Law filed.
|
Mar. 12, 2015 |
CASE STATUS: Hearing Held. |
Mar. 10, 2015 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Mar. 10, 2015 |
Order Denying Motion.
|
Mar. 09, 2015 |
Respondent Poinciana Medical Center?s Response in Opposition to Petitioner?s Motion in Limine to Compel Admission filed.
|
Mar. 09, 2015 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Mar. 09, 2015 |
Respondent Poinciana Medical Center's Proposed Witness List filed. |
Mar. 05, 2015 |
Notice of Intent to Respond to Petitioner's Motion in Limine to Compel Admission filed.
|
Mar. 04, 2015 |
Motion in Limine to Compel Admission filed (not available for viewing). |
Mar. 04, 2015 |
(Petitioner's) Notice of Filing Proposed Exhibits for Administrative Hearing Scheduled for March 12, 13 filed.
|
Mar. 04, 2015 |
Respondent Poinciana Medical Center's Notice of Filing Proposed Exhibit and Witness Lists filed.
|
Mar. 03, 2015 |
Order on Motion in Limine.
|
Feb. 23, 2015 |
Respondent's Motion in Limine to Preclude Testimony and Exhibits Concerning Matters Outside the Scope of Petitioner's Charge of Discrimination.
|
Feb. 11, 2015 |
Court Reporter Requested filed.
|
Feb. 09, 2015 |
Order on Motion and Request.
|
Jan. 26, 2015 |
Respondent's Response to Petitioner's Request for the Production of Documents filed.
|
Jan. 23, 2015 |
(Respondent's) Notice of Intent to Respond to Petitioner's Motion for a Ruling in Advance of Hearing on the Admissibility of Evidence and Request for Protective Order filed.
|
Jan. 20, 2015 |
Motion for a Ruling in Advance of Hearing on the Admissibility of Evidence and Request for Protective Order filed.
|
Dec. 29, 2014 |
Order of Pre-hearing Instructions.
|
Dec. 29, 2014 |
Notice of Hearing by Video Teleconference (hearing set for March 12 and 13, 2015; 9:00 a.m.; Orlando and Tallahassee, FL).
|
Dec. 29, 2014 |
(Joint) Notice of Available Dates for Hearing filed.
|
Dec. 19, 2014 |
Order Lifting Abatement.
|
Dec. 18, 2014 |
Letter to Judge Cohen from Sonia Brown regarding an order granting motion for the withdrawal of Jason Jessup filed.
|
Dec. 18, 2014 |
Certicate of Service filed.
|
Dec. 16, 2014 |
Letter to Jamison Jessup from Sonia Brown regarding a agreement filed.
|
Dec. 16, 2014 |
Letter to Judge Alexander from Soia Brown regarding a hearing filed.
|
Dec. 16, 2014 |
Cerfificate of Service filed.
|
Dec. 10, 2014 |
Respondent's Supplement to its Response to Petitioner's Request for Hearing filed.
|
Dec. 08, 2014 |
Respondent's Response to Petitioner's Request for Hearing filed.
|
Dec. 08, 2014 |
Notice of Ex-parte Communication.
|
Dec. 05, 2014 |
Letter to Judge Cohen from Sonia Brown regarding to represent myself in the case filed.
|
Dec. 05, 2014 |
Amended Order Granting Motion to Withdraw.
|
Dec. 04, 2014 |
Order Granting Motion to Withdraw.
|
Dec. 03, 2014 |
Respondent's Amended Response to Jamison Jessup's Motion to Withdraw as Qualified Representative filed.
|
Dec. 03, 2014 |
Respondent?s Response to Jamison Jessup?s Motion to Withdraw as Qualified Representative filed.
|
Dec. 01, 2014 |
Supplement to Jamison Jessup's Motion to Withdraw as Qualified Representative (for Petitioner) filed.
|
Nov. 26, 2014 |
Jamison Jessup's Motion to Withdraw as Petitioner's Qualified Representative filed.
|
Nov. 20, 2014 |
Notice of Ex-parte Communication.
|
Nov. 17, 2014 |
Petition for Relief from an Unlawful Employment Practice filed by Sonia E. Brown.
|
Nov. 07, 2014 |
Order (granting Petitioner's unopposed motion to strike).
|
Oct. 21, 2014 |
Court Reporter Cancelled filed.
|
Oct. 20, 2014 |
Order Canceling Hearing and Placing Case in Abeyance (parties to advise status by February 27, 2015).
|
Oct. 20, 2014 |
(Petitioner's) Unopposed Motion to Strike filed.
|
Oct. 20, 2014 |
(Petitioner's) Unopposed Motion to Cancel Final Hearing and Place Case in Abeyance filed.
|
Sep. 29, 2014 |
Notice of Service of Respondent Poinciana Medical Center's First Set of Interrogatories to Petitioner Sonia Brown filed.
|
Jul. 21, 2014 |
Notice of Appearance (Lori Benton) filed.
|
Jul. 10, 2014 |
Court Reporter Notice filed.
|
Jul. 10, 2014 |
Order of Pre-hearing Instructions.
|
Jul. 10, 2014 |
Notice of Hearing (hearing set for November 18 and 19, 2014; 9:30 a.m.; Kissimmee, FL).
|
Jul. 10, 2014 |
Order Granting Motion (granting motion for Jamison Jessup to serve as Petitioner's qualified representative).
|
Jul. 07, 2014 |
(Petitioner's) Notice of Compliance and Motion to Extend Timeline filed.
|
Jul. 07, 2014 |
Motion for Jamison Jessup to Serve as Petitoner's Qualified Representative filed.
|
Jul. 07, 2014 |
Notice of Appearance (Jamison Jessup) filed.
|
Jun. 25, 2014 |
Initial Order.
|
Jun. 24, 2014 |
Employment Complaint of Discrimination filed.
|
Jun. 24, 2014 |
Notice of Determination: Cause filed.
|
Jun. 24, 2014 |
Determination: Cause filed.
|
Jun. 24, 2014 |
Petition for Relief filed.
|
Jun. 24, 2014 |
Transmittal of Petition filed by the Agency.
|
Orders for Case No: 14-002976
Issue Date |
Document |
Summary |
Jul. 31, 2015 |
Agency Final Order
|
|
May 19, 2015 |
Recommended Order
|
Petitioner failed to prove that she was terminated in retaliation for engaging in a protected activity with her previous employer.
|