STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

IVY K. POWELL. EEOC Case No.

Petitioner, FCHR Case No.

v. DOAH No. 16-0149

THE AUTO CLUB GROUP, FCHR Order No.

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Ivy K. Powell filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections - Florida Statutes

alleging that Respondent The Auto Club Group, committed an unlawful employment practice on the basis of Petitioner's disability by Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on December 8, the Executive Director issued a determination finding that there was 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 by video at sites in Rockledge and Tallahassee, Florida, on January 5, before Administrative Law Judge J. Bruce Culpepper.

Judge Culpepper issued a Recommended Order of dismissal, dated April 20,

2017.

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 July 13, 2017 1:13 PM Division of Administrative Hearings

FCHR Order No. 17-049

Page 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 Florida Statutes, and in the Florida Rules of

Procedure

DONE AND ORDERED this |3 day of , FOR THE FLORIDA COMMISSION ON RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Donna and

Commissioner Jay Pichard

Filed this day of

in Tallahassee, Florida.

2017

Clerk

Commission Human Relations 4075 Esplanade Way, Room Tallahassee, FL 3239

(850) 488-7082

FCHR Order No.

3

COPIES FURNISHED:

Ivy Powell

c/o Jamison Jessup

2995 Enterprise Road, Ste. B DeBary, Florida

The Auto Club Group

c/o Christine E. Howard, Esquire Fisher & Phillips, LLP

East Kennedy Blvd., Ste. 2350 Tampa, Florida 33602

J. Bruce Culpepper, Administrative Law judge Radhika Puri, Legal Advisor Commission Panel

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

By: '

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 16-000149

Orders for Case No: 16-000149