STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

FRANCESCA THOMAS,

Petitioner,

V.

SMA BEHAVIORAL HEALTH, INC.,

EEOC Case No. 15D201900024 FCHR Case No. 2019-14524 DOAH Case No. 19-3195 FCHR Order No. 21-010

Respondent.

!,

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

On September 28, 2018, Petitioner Francesca Thomas filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2018), alleging that Respondent SMA Behavioral Health, Inc., committed an unlawful employment practice against Petitioner on the bases of age, disability, race, and sex.

The allegations set forth in the complaint were investigated, and, on May 7, 2019, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

On June 11, 2019, Petitioner filed a "Petition for Relief from an Unlawful Employment Practice", pursuing only her disability claim, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

A final evidentiary hearing was held in Daytona Beach, Florida, on October 9, 2019, before Administrative Law Judge W. David Watkins.

Judge Watkins issued a Recommended Order, dated December 18, 2019.

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 February 25, 2021 4:22 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.;::,,5day of ,f , t,.,._i..l3ffA , 2021. FOR THE FLORIDA COMMISSION ON HUMAN TIONS:

Commissioner Darrick McGhee, Panel Chairperson; Commissioner Larry Hart; and

Commissioner Angela Primiano

,J_,n

Filed thisday of J ,2021,

in Tallahassee, Florida.

Clerk

Commission on Human Relations 4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Francesca Thomas

c/o Kevin G. Thomas, Esquire Kevin Thomas Law Firm, P.A. 300 Bayview Drive, Suite A4 Sunny Isles Beach, FL 33160

SMA Behavioral Health, Inc. c/o Brett Purcell Owens, Esquire Fisher & Phillips, LLP

101 East Kennedy Boulevard, Suite 2350

Tampa, FL 33602

W. David Watkins, Administrative Law Judge, DOAH Sarah Stewart, Legal Advisor for Commission Panel

I HEREBY CERTIFY that :1opy of the foregoing has been mailed to the above listed addressees this ,;}5 day of \.... zj.,.t.{l.{a,.{'(f , 2021.

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Florida Commission on Human Relations

Docket for Case No: 19-003195

Orders for Case No: 19-003195