STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

SONYA D. RUTTLEN EEOC No. 15D201600055

Petitioner, FCHR Case No.

v. AH No. 16-7588

WASHINGTON REHABILITATION AND NURSING CENTER SERVICES,

FCHR Order No. 17-046

Respondent.

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Sonya D. Ruttlen filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes

alleging that Respondent Washington Rehabilitation and Nursing Center Services committed an unlawful employment practice on the basis of Petitioner's religion (Christian) by failing to hire Petitioner for its Chaplain position.

The allegations set forth in the complaint were investigated, and, on November 23, 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 Chipley, Florida, on March 14 and before Administrative Law Judge Yolonda Y. Green.

Judge Green issued a Recommended Order of dismissal, dated April

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 Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human

et 527 So. 2d 894, at 897, 898 (Fla. 5th DCA Accord, Coleman v.

Filed July 13, 2017 1:07 PM Division of Administrative Hearings

Beach, Ocean Center Parking Garage, FCHR Order No. 14-034 (September 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

Petitioner filed exceptions to the Administrative Law Judge's Recommended Order, received by the Commission on May 3,

There is no indication on the document that it was provided to Respondent as is required by Fla. Admin. Code and Fla. Admin. Code

However, the Commission published the document to the Respondent, and placed the document in the record of this case, through the issuance of a notice of ex parte communication, mailed to the parties on May

Respondent filed a response to Petitioner's exceptions.

Petitioner's exceptions document contains three numbered exceptions. Exceptions numbered 1 and 2 do not except to specific paragraphs in the

Recommended Order. Exception number 3 appears to attempt to provide explanation to the facts found at Recommended Order, and 24.

The Commission has stated, "It is well settled that it is the Administrative Law Judge's function 'to consider all of the evidence presented and reach ultimate conclusions of fact based on competent substantial evidence by resolving conflicts, judging the credibility of witnesses and drawing permissible inferences therefrom. If the evidence presented supports two inconsistent findings, it is the Administrative Law Judge's role to decide between them.' Beckton v. Department of Children and Family Services,

F.A.L.R. at (FCHR 1998), citing Maggio v. Martin Marietta Aerospace. 9

F.A.L.R. 2168, 2171 (FCHR 1986)." Barr v. Columbia Regional Medical Center. 22 F.A.L.R. 1729, at (FCHR Accord, Bowles v. Jackson County Hospital Corporation. FCHR Order No. 05-135 (December 6, 2005) and Eaves v.

LB Central Florida Portfolio. LLC. FCHR Order No. (March

In addition, it has been stated, "The ultimate question of the existence of discrimination is a question of fact." Florida Department of Community Affairs v.

586 So. 2d 1205, at (Fla. DCA Accord, v. Bay County Board of County Commissioners, FCHR Order No. (March and Eaves, supra.

Petitioner's exceptions are rejected.

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 , 2017. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Donna and

Commissioner Jay Pichard

Clerk

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

(850) 488-7082

Copies furnished to: Sonya D. Ruttlen

Pace Lane Dothan, AL 36305

Washington Rehabilitation and Nursing Center Services

c/o Helen A. Paladeno, Esq. Ogletree, Deakins, Nash,

& Stewart, P.C. 100 N.Tampa St., Ste. 3600 Tampa, FL

Yolonda Y. Green, Administrative Law Judge, DOAH James Legal Advisor for Commission Panel

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

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 16-007588

Orders for Case No: 16-007588