STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

ALAI N BLAISE, EEOC No. 15D201600041

Petitioner, FCHR Case No.

v. DOAH No. 16-6140

PGT INDUSTRIES, FCHR Order No. 17-033

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL PRACTIC E

Preliminary Matters

Petitioner Alain Blaise filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2015), alleging that Respondent PGT Industries committed unlawful employment practices on the basis of Petitioner's race (Black) by harassing Petitioner and terminating Petitioner from employment. Petitioner also alleged that his termination was the result of Respondent's unlawful retaliation.

The allegations set forth in the complaint were investigated, and, on September 20, 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 by video teleconference at sites in Sarasota and Tallahassee, Florida, on January 3, before Administrative Law Judge Linzie F. Bogan.

Judge Bogan issued a Recommended Order of dismissal, dated March 2,

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 May 25, 2017 1:04 PM 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 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:

Alain Blaise

4051 NE Ave., #72

Oakland Park, FL 33334

PGT Industries

c/o Jennifer B. Compton, Esq. Shumaker, Loop & Kendrick, LLP 240 South Pineapple Ave., Floor Sarasota, FL 34236

Linzie F. Bogan, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy ofihe foregoing has been mailed to the above listed addressees this day of 11 ,

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 16-006140

Orders for Case No: 16-006140