STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

STEVE WILLIAMS,

Petitioner,

V.

PAPA JOE'S PIZZA,

FCHR Case No. 2018-04100 DOAH Case No. 18-5294 FCHR Order No. 19-041

Respondent.

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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated March 12, 2019, issued in the above-styled matter by Administrative Law Judge

D.R. Alexander.

Findings of Fact and Conclusions of Law

Judge Alexander's order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Ruffa v. Cinepolis, FCHR Order No. 18-037 (August 2, 2018), Sushkova v. Marco Destin. Inc., FCHR Order No. 17-083 (November 2, 2017), Santana v. Charter Communications, Inc., FCHR Order No. 17-067 (August 23, 2017), Jacome v. Victoria's Secret, LLC, FCHR Order No. 16-030 (June 9, 2016), Wade v. District School Board of Putnam County. FCHR Order No. 15-008 (February 12, 2015), Demons v. Emerald Grande, LLC, FCHR Order No. 14-033 (September 10, 2014), Bullard v. Lowry Group Properties. Inc., et al., FCHR Order No. 13-011 (February 26, 2013), Goldenberg v. Department of Corrections, FCHR Order No. 12-051 (September 17, 2012), Dotson v. Department of Financial Services, FCHR Order No. 11-034 (April 13, 2011), Patterson v. Panama City Housing Authority, FCHR Order No. 11-001 (January 13, 2011), Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. 10-072 (September 21, 2010), Bermudez v. Lake County Housing Authority. FCHR Order No. 10-041 (April 27, 2010), Cowden v. Difiglio, et al., FCHR Order No. 09-115 (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner & Associates, FCHR

Filed May 28, 2019 11:52 AM Division of Administrative Hearings

Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).

We adopt the Administrative Law Judge's finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry his burden of proof.

Exceptions

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

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 Co ission. Explanation of the right of appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED thisd,1/' day of               , 2019. FOR THE FLORIDA COMMISSION ONH AN RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson; Commissioner Donna Elam; and

Commissioner Rebecca Steele

Filed this ,Ji_ day of             

in Tallahassee, Florida,

, 2019,

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cierk7'

Commission on Human Relations

4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Steve Williams

Post Office Box 950824 Lake Mary, FL 32795

Papa Joe's Pizza

c/o Michael Grimaldi, General Manager 184 E. Bay Avenue

Longwood, FL 32750

D.R. Alexander, Administrative Law Judge, DOAH

Stanley Gorsica, Legal Advisor for Commission Panel

addressees this def day of _ ...........

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I HEREBY C.liRTIFY that f the foregoing has been mailed to the above listed

,2019.

;J I

By : ',.

Clerk oftheCission

Florida Commission on Human Relations

Docket for Case No: 18-005294

Orders for Case No: 18-005294