STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

THERESA RUSSELL,

Petitioner,

v.

CHATSWORTH DEVONSHIRE AT PGA

EEOC Case No. 15D201800635 FCHR Case No. 2018-07098 DOAH Case No. 19-1048 FCHR Order No. 20-013

Respondent.

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _,!

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

On April 25, 2018, Petitioner, Theresa Russell, filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2017), alleging that Respondent, Chatsworth Devonshire at PGA, committed an unlawful employment practice against Petitioner on the bases of disability and retaliation by denying her a reasonable accommodation and creating a hostile work environment, which led to her constructive discharge.

The allegations set forth in the complaint were investigated, and, on February 4, 2019, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

On February 18, 2019, Petitioner filed a "Petition for Relief from an Unlawful Employment Practice", and the case was transmitted to the Division of Administrative Hearings (DOAH) for the conduct of a formal proceeding.

A final evidentiary hearing was originally scheduled for April 22, 2019, but was continued to February 5, 2020.

A final evidentiary hearing was held in Delray Beach, Florida, on February 5 through 7 2020, before Administrative Law Judge Cathy M. Sellers.

Judge Sellers issued a Recommended Order of dismissal, dated September 14, 2020.

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 November 30, 2020 3:38 PM Division of Administrative Hearings

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 oflaw.

Exceptions

Neither party 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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 3Q day of .Yl,f · , 2020. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario Garza, Panel Chairperson; Commissioner Larry Hart; and

Commissioner Jay Pichard

Filed this 3u day of )'1tf

in Tallahassee, Florida. '

, 2020,

Clerk

Commission on Human Relations 4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Ms. Theresa Russell

c/o Mr. Kenneth P. Carman, Esquire

Carman, Beauchamp, Sang & Gonzalez, P.A. 3335 Northwest Boca Raton Boulevard

Boca Raton, Florida 33431-6623

Chatsworth Devonshire at PGA c/o Mr. Paul F. Penichet, Esquire c/o Mr. Naveen Paul, Esquire Jackson Lewis P.C.

One Biscayne Tower, Suite 3500 Two South Biscayne Boulevard Miami, Florida 33131

Cathy M. Sellers, Administrative Law Judge, DOAH Sarah Stewart, Legal Advisor for Commission Panel

Docket for Case No: 19-001048

Orders for Case No: 19-001048