STATE OF

COMMISSION ON HUMAN RELATIONS

MARY L. SMITH, EEOC No.

Petitioner, FCHR Case No.

v. No. 15-3942

WAL-MART STORES, EAST, LP, FCHR Order No. 16-027

Respondent.

/

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM: A N UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Mary L. Smith filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2014), alleging that Respondent Wal-Mart Stores, East, LP, committed unlawful employment practices on the bases of Petitioner's race (Black) and age (DOB: 4-7-34), and on the basis of retaliation, by subjecting Petitioner to adverse terms and conditions of employment, by showing favoritism toward younger, non-Black employees, and by sending Petitioner home for refusing to perform a task allegedly not in Petitioner's job description.

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

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 Tallahassee, Florida, on January before Administrative Law Judge James H. Peterson, III.

Judge Peterson issued a Recommended Order of dismissal, dated March 25, 2016.

The Commission panel designated below the record of this matter and determined the action to be 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 June 9, 2016 11:48 AM Division of Administrative Hearings

FCHR Order No. 16-027 2

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

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 day of 2016.

FOR THE FLORIDA COMMISSION ON MAN RELATIONS:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Donna and

Commissioner Sandra Turner

, 2016,

Clerk /

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

(850) 488-7082

FCHR Order No. 16-027

Page 3

Copies furnished to:

Mary L. Smith

Atwater Road Chattahoochee, FL 32324

Wal-Mart Stores, East, LLP

c/o Jonathan A. Beckerman, Esq. c/o Grissel Seijo, Esq.

Littler Mendelson, PC

333 SE 2 n d Ave., Ste. 2700 FL

James H. Peterson, III , Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

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

Florida Commission on Human Relations

Docket for Case No: 15-003942

Orders for Case No: 15-003942