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JENNIFER HATFIELD vs SOUTHEAST COMPOUNDING PHARMACY, 14-004046 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004046 Visitors: 28
Petitioner: JENNIFER HATFIELD
Respondent: SOUTHEAST COMPOUNDING PHARMACY
Judges: WILLIAM F. QUATTLEBAUM
Agency: Commissions
Locations: Tampa, Florida
Filed: Aug. 27, 2014
Status: Closed
Recommended Order on Monday, January 5, 2015.

Latest Update: Mar. 26, 2015
Summary: The issue in this case is whether the Respondent committed an unlawful employment practice against the Petitioner.Evidence is insufficient to establish harassment or retaliation occurred.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


JENNIFER HATFIELD, EEOC No. 15D201400235


Petitioner, FCHR Case No. 2014-00196

v. 14-4046

SOUTHEAST COMPOUNDING PHARMACY, FCHR Order No.

Respondent.

/


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E


Preliminary Matters


Petitioner Jennifer Hatfield filed a complaint of discrimination pursuant to the Florida Civil Rights of 1992, Sections 760.01 - Florida Statutes alleging that Respondent Southeast Compounding Pharmacy committed unlawful

employment practices on the basis of Petitioner's sex (female) by subjecting Petitioner to sexual harassment, and on the bases of Petitioner's sex and retaliation by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on July 22,

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 Tampa and Tallahassee, Florida, on November 4, before Administrative Law Judge William F. Quattlebaum.

Judge Quattlebaum issued a Recommended Order of dismissal, dated January 5,

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


We the Law Judge's findings of fact to be supported by competent substantial evidence.

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


Filed March 26, 2015 4:15 PM 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


AND ORDERED day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Michael Keller, Panel Chairperson; Commissioner Rebecca Steele; and

Commissioner Billy Whitefox Stall


Filed of ~)?']&LCX-~

in Tallahassee, Florida.


Clerk

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

(850) 488-7082


Copies furnished to:


Jennifer Hatfield

c/o Antonios Poulos, Esq. Poulos Law Firm

West Busch Boulevard, Ste. 200 Tampa, FL


Southeast Compounding Pharmacy c/o Christina Harris Schwinn, Esq. Pavese Law Firm

Hendry Street Fort Myers, FL 33901


William F. Quattlebaum, 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


Clerk of the

Florida Commission on Human Relations


Docket for Case No: 14-004046
Issue Date Proceedings
Mar. 26, 2015 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Jan. 05, 2015 Recommended Order (hearing held November 4, 2014). CASE CLOSED.
Jan. 05, 2015 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 01, 2014 Respondent's Proposed Recommended Order filed.
Dec. 01, 2014 Respondent's Closing Argument filed.
Nov. 21, 2014 Transcript (not available for viewing) filed.
Nov. 12, 2014 Order Amending Deadline for Filing Proposed Recommended Orders.
Nov. 12, 2014 Respondent's Notice of Intent to Order November 4, 2014 Hearing Transcript and Request for Extension of Time filed.
Nov. 04, 2014 CASE STATUS: Hearing Held.
Oct. 30, 2014 Petitioner's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 29, 2014 Petitioner's Proposed Exhibits filed.
Oct. 29, 2014 (Petitioner's) Notice of Filing (proposed exhibits) filed.
Oct. 28, 2014 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 27, 2014 (Respondent's) Notice of Filing (proposed exhibits) filed.
Oct. 27, 2014 Respondent Southeast Compounding Pharmacy's Amended (Proposed) Exhibit List filed.
Oct. 13, 2014 Notice of Appearance (Antonios Poulos) filed.
Oct. 09, 2014 (Respondent's) Notice of No Related Cases filed.
Oct. 06, 2014 (Respondent's) Notice of Filing filed.
Oct. 06, 2014 Respondent Southeast Compounding Pharmacy's (Proposed) Exhibit List filed.
Oct. 06, 2014 Respondent Southeast Compounding Pharmacy's Witness List filed.
Sep. 23, 2014 Court Reporter Confirmation Letter filed.
Sep. 11, 2014 Order of Pre-hearing Instructions.
Sep. 11, 2014 Notice of Hearing by Video Teleconference (hearing set for November 4, 2014; 9:30 a.m.; Tampa and Tallahassee, FL).
Aug. 27, 2014 Initial Order.
Aug. 27, 2014 Notice of Determination: No Cause filed.
Aug. 27, 2014 Determination: No Cause filed.
Aug. 27, 2014 Employment Complaint of Discrimination filed.
Aug. 27, 2014 Petition for Relief filed.
Aug. 27, 2014 Transmittal of Petition filed by the Agency.

Orders for Case No: 14-004046
Issue Date Document Summary
Mar. 26, 2015 Agency Final Order
Jan. 05, 2015 Recommended Order Evidence is insufficient to establish harassment or retaliation occurred.
Source:  Florida - Division of Administrative Hearings

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