STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

RODERICK L. MILLER, EEOC No. 15D201400210

Petitioner, FCHR Case No. 2014-00122

v. DOAH No. 14-3598

MOJO OLD CITY BBQ, FCHR Order No. 15-025

Respondent.

/

FINAL ORDER DISMISSING PETITIO N

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Roderick L. Miller filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2013), alleging that Respondent Mojo Old City BBQ committed unlawful employment practices on the basis of Petitioner's sex (male) by subjecting Petitioner to same-sex harassment and by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on July

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 St. Augustine, Florida, on December before Administrative Law Judge Lawrence P. Stevenson.

Judge Stevenson issued a Recommended Order of dismissal, dated February 23,

2015.

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 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 April 15, 2015 10:56 AM 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 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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this of THE FLORIDA COMMISSION ON

2015.

MA N RELATIONS:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Donna

Filed this day of ., 2015, in Tallahassee, Florida.

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

(850) 488-7082

Copies furnished to:

Roderick L. Miller Riberia Street

St. Augustine, FL 32084

Mojo Old City BBQ

c/o Gregory W. Lineberry, Esq. Mojo Q Holdings, LLC

6000 Phillips Highway North, Suite 5

Jacksonville, FL 32216

Lawrence P. Stevenson, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

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

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 14-003598

Orders for Case No: 14-003598