STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

RYAN POUGH, EEOC No.

Petitioner, FCHR Case No.

v. DOAH No. 16-5042

SOLER AND PALAU USA VENTILATION SYSTEMS, LLC,

FCHR Order No.

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Ryan Pough filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes alleging that Respondent and USA Ventilation Systems, LLC, committed unlawful employment practices on the bases of Petitioner's race (Black) and color (Black) by assigning Petitioner more work duties than Petitioner's co-workers and by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on July 20,

the Executive Director issued a 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 Jacksonville, Florida, on November 8, before Law Judge Lawrence P. Stevenson.

Judge Stevenson issued a Recommended Order of dismissal, dated March 21,

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 May 25, 2017 1:10 PM Division of Administrative Hearings

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 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 Appellate Procedure

DONE AND ORDERED this day of ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson; Commissioner Donna and

Commissioner Gilbert M . Singer

Filed this day of , in Tallahassee, Florida.

Clerk

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

(850) 488-7082

Copies furnished to:

Ryan Pough

Harts Road, Apt.

Jacksonville, FL 32218

and USA Ventilation Systems, LLC

c/o Michelle Bedoya Barnett, Esq. c/o David E. Chauncey, Esq.

Alexander DeGance Barnett, Riverside Avenue

Jacksonville, FL 32204

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

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

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 16-005042

Orders for Case No: 16-005042