OF FLORIDA

ON HUMAN RELATIONS

GHANSHAMINIE LEE. EEOC No.

Petitioner, FCHR No. 2014-00340

v. DOAH No. 14-4580

SHELL POINT RETIREMENT COMMUNITY,

FCHR Order No. 15-033

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Ghanshaminie Lee filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections - Florida Statutes

alleging that Respondent Shell Point Retirement Community committed unlawful employment practices on the bases of Petitioner's race (not specified in complaint), color (not specified in complaint), religion (not specified in complaint) and national origin

by subjecting Petitioner to different terms and conditions of employment, harassing Petitioner, denying Petitioner promotion and not placing Petitioner on the work schedule. Petitioner also alleged that Respondent unlawfully retaliated against Petitioner for complaining about harassment by cutting Petitioner's hours.

The allegations set forth in the complaint were investigated, and, on August 25, 2014, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner 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 Fort Myers and Tallahassee, Florida, on November 25, 2014, and February 13, 2015, before Administrative Law Judge Linzie F. Bogan.

Judge Bogan issued a Recommended Order of dismissal, dated March 23,

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

Filed June 10, 2015 2:52 PM Division of Administrative Hearings

Findings of Fact

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

We the Administrative Law Judge's findings of fact.

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 Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Tony Jenkins; and

Commissioner Rebecca Steele

Filed this day of in Tallahassee,

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

(850) 488-7082

Copies furnished to:

Ghanshaminie Lee 4607 Vinewood Circle

North Fort Myers, FL 33903-4697

Shell Point Retirement Community c/o John F. Potanovic, Esq.

Henderson, Franklin, And Holt, P.A.

Post Office Box 280

Fort Myers, FL 33902-0280

Linzie F. Bogan, Administrative Law Judge, DOAH James Mallue, Advisor for Commission Panel

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

By:

Clerk of

Florida Commission on Human Relations

Docket for Case No: 14-004580

Orders for Case No: 14-004580