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David Michael DeMaio
David Michael DeMaio
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Bar #886513(FL)     License for 33 years; Member in Good Standing
Miami FL

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08-000715  LINDA M. CINNANTE vs KMART CORPORATION  (2008)
Division of Administrative Hearings, Florida Filed: Feb. 12, 2008
Whether the Respondent committed an unlawful employment practice by discriminating against the Petitioner on the basis of gender in violation of the Florida Civil Rights Act of 1992, as amended, Section 760.10 et seq., Florida Statutes (2006).1Petitioner failed to show that she was treated differently than male workers under similar circumstances, and she, therefore, failed to prove that she had been discriminated against on the basis of gender.The Petition for Relief should be dismissed.
95-005318  STEVE J. LONGARIELLO vs LEARNING CENTERS, INC., D/B/A LIGHTHOUSE POINT ACADEMY  (1995)
Division of Administrative Hearings, Florida Filed: Nov. 01, 1995
On or about July 12, 1993, Petitioner filed a complaint, including attachments, with the Florida Commission on Human Relations (FCHR) alleging that Respondent discriminated against him on the basis of sex and marital status in violation of the Florida Human Rights Act. On August 9, 1993, Petitioner filed a complaint with the U. S. Equal Employment Opportunity Commission (EEOC) alleging that Respondent discriminated against him on the basis of sex and marital status in violation of Title VII of the Civil Rights Act of 1964, as amended (Title VII). By Letter of Determination dated May 23, 1995, the EEOC notified Petitioner that it had investigated his claim, and that it had determined that Respondent had not considered his sex (male) or marital status (single) in reaching its decision not to hire him and no violation of Title VII had occurred, and that it was, therefore, dismissing Petitioner's complaint. Further, the EEOC notified Petitioner that he may only pursue the matter by filing suit in federal district court within 90 days. On August 14, 1995, Petitioner filed suit against Respondent in federal district court alleging discrimination on the basis of sex in violation of Title VII.Discrimination based on sex decided by federal court/no prima facie showing of discrimination based on marital status/dismissal.

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