STATE OF FLORIDA COMMISSION ON HUMA N RELATIONS

JOHNNIE CANADY , EEOC No.

Petitioner, FCHR Case No.

v. DOA H No. 16-0984

VOLUSIA COUNTY SCHOOLS, FCHR Order No. 16-064

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Johnnie Canady filed an amended complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes alleging that Respondent Volusia County Schools committed unlawful employment practices on the bases o f Petitioner's race (African American) and disability, and on the basis of retaliation, by forcing Petitioner to submit to "safety check" and "fitness for duty" evaluations and take a leave of absence, and on the basis of Petitioner's disability by failing to provide Petitioner a reasonable accommodation.

The allegations set forth in the amended complaint were investigated, and, on January 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.

A n evidentiary hearing was held in DeLand, Florida, on July 1, before Administrative Law Judge James H. Peterson, III .

Judge Peterson issued a Recommended Order o f dismissal, dated September 27,

2016.

The Commission panel designated below considered the record o f 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 December 8, 2016 2:04 PM Division of Administrative Hearings

FCHR Order No. 16-064

Page 2

Conclusions o f Law

We find the Administrative Law Judge's application o f the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge's conclusions o f law.

Exceptions

Neither of the parties filed exceptions to the Law Judge's Recommended Order.

Dismissal

The Petition for Relief and amended Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review o f this Order. The Commission and the appropriate District Court o f Appeal must receive notice o f appeal within 30 days of the date this Order is filed with the Clerk o f the Commission. Explanation o f the right to appeal is found in Section Florida Statutes, and in the Florida Rules o f Appellate Procedure

DONE AN D ORDERED this day of .

FOR THE FLORIDA COMMISSION ON HUMA N RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Gilbert M . Singer

r\

Filed this day o f

in Tallahassee, Florida.

Clerk

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

(850) 488-7082

FCHR Order No. Page 3

Copies furnished to:

Johnnie Canady

Post Office Box 1002 New Smyrna Beach, FL

Volusia County Schools c/o Erin G. Jackson, Esq.

c/o Christopher Bentley, Esq.

Thompson, Sizemore, Gonzalez & Hearing,

201 North Franklin Street, Ste. Tampa, FL 33602

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

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

Florida Commission on Human Relations

Docket for Case No: 16-000984

Orders for Case No: 16-000984