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SONIA E. BROWN vs POINCIANA MEDICAL CENTER HCA, 14-002976 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-002976 Visitors: 2
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.
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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.
Source:  Florida - Division of Administrative Hearings

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