STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

DESMOND A. LUCAS, EEOC No.

Petitioner, FCHR Case No.

v. DOAH No. 16-7382

POPEYE'S LOUISIANA KITCHEN, FCHR Order No.

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Desmond A. Lucas filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes

alleging that Respondent Popeye's Louisiana Kitchen committed unlawful employment practices on the basis of Petitioner's sex (male) by failing to promote Petitioner, by verbally abusing and harassing Petitioner, and by treating Petitioner differently than it treated female coworkers. Petitioner also alleged that Respondent engaged in unlawful retaliation by terminating Petitioner for complaining about the alleged abuse.

The allegations set forth in the complaint were investigated, and, on November the Executive Director issued a detennination finding that there was no reasonable

cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for 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 February 20, before Administrative Law Judge R. Bruce McKibben.

Judge McKibben issued a Recommended Order of dismissal, dated March 9,

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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et 527 So. 2d 894, at 897, 898 5th DCA Accord, Coleman v.

Filed May 25, 2017 1:07 PM Division of Administrative Hearings

Daytona Beach, Ocean Center Parking Garage, FCHR Order No. (September Gantz, et v. Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. (June 6, and Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007

(January 14, 2008).

We adopt the Administrative Law Judge's findings of fact.

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 of "iT\CtLU ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson; Commissioner Donna and

Commissioner Gilbert M . Singer

Clerk

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

(850) 488-7082

Copies furnished to:

Desmond A. Lucas Graham Avenue

Oviedo, FL 32765

Popeye's Louisiana Kitchen c/o Thomas H. Kiggans, Esq. c/o Michael B. Victorian, Esq. Phelps Dunbar, LLP

400 Convention Street, Ste. Baton Rouge, LA 70802

R. Bruce McKibben, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

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

By:

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 16-007382

Orders for Case No: 16-007382