Petitioner: MICHAEL PARMELEE
Respondent: PURE PLANET, LLC
Judges: JOHN D. C. NEWTON, II
Agency: Contract Hearings
Locations: Tallahassee, Florida
Filed: Apr. 27, 2020
Status: Closed
DOAH Final Order on Wednesday, August 19, 2020.
Latest Update: Jan. 02, 2025
Summary: Did Respondent, Pure Planet Pools, LLC (Pure Planet), discriminate in employment against Petitioner, Michael Parmelee, on account of his age in violation of section 70-53(a)(1) of the Pinellas County Code of Ordinances (Code)?“Petitioner discharged for age in violation of Pinellas County ord. 70-53. "We are going with a younger group," = direct evidence of discrimination. Circumstantial evidence supports finding discrimination. Explanation of poor performance not plausible.
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
MICHAEL PARMELEE,
Petitioner,
vs.
PURE PLANET, LLC,
Respondent.
/
Case No. 20-2036
FINAL ORDER
Preliminary Matters
On July 31, 2020, the undersigned rendered an Amended Recommended Order in this matter. The Order provided the parties ten days in which to file exceptions to the Order. Neither party filed exceptions.
The Amended Recommended Order is adopted and incorporated by reference into this Final Order.
On August 6, 2020, Petitioner filed a Motion for Attorney's Fees and Costs.
Disposition
Based upon the Findings of Fact and Conclusions of Law of the Amended Recommended Order adopted and incorporated by this Final Order and upon Pinellas County Code Section 70-78, it is ORDERED THAT:
Respondent, Pure Planet, LLC, violated section 70-53 of the Pinellas County Code by discriminating against Petitioner, Michael Parmelee, on account of his age.
Respondent, Pure Planet, LLC, shall pay Petitioner, Michael Parmelee, damages in the amount of $32,342.18.
Respondent, Pure Planet, LLC, shall pay Petitioner, Michael Parmelee, reasonable costs and attorney's fees incurred in prosecuting this action.
The Division of Administrative Hearings reserves jurisdiction to resolve Petitioner's Motion for Attorney's Fees and Costs. The Clerk will establish a separate file for the fees and costs matter.
DONE AND ORDERED this 19th day of August, 2020, in Tallahassee, Leon County, Florida.
S
JOHN D. C. NEWTON, II
Administrative Law Judge
Division of Administrative Hearings The DeSoto Building
1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
Fax Filing (850) 921-6847 www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings this 19th day of August, 2020.
COPIES FURNISHED:
Michael Parmelee
6115 62nd Avenue North Pinellas Park, Florida 33781
Jason Imler, Esquire Printy & Printy Suite A
3411 West Fletcher Avenue Tampa, Florida 33618 (eServed)
April S. Goodwin, Esquire The Goodwin Firm
Suite 705
801 West Bay Drive Largo, Florida 33770 (eServed)
Diriki T. Geuka, Assistant County Attorney Pinellas County Attorney's Office
315 Court Street
Clearwater, Florida 33756 (eServed)
Paul Valenti, Human Rights/EEO Officer Pinellas County Office of Human Rights
400 South Fort Harrison Avenue, Fifth Floor Clearwater, Florida 33756
(eServed)
Lisa Postell, Equal Opportunity Coordinator 1 Pinellas County Office of Human Rights
400 South Fort Harrison Avenue, Fifth Floor Clearwater, Florida 33756
(eServed)
NOTICE OF RIGHT TO JUDICIAL REVIEW
Any party who is adversely affected by this Final Order is entitled to seek judicial review by filing a petition for writ of certiorari in the circuit court of the Sixth Judicial Circuit in and for Pinellas County, Florida, within
30 calendar days of the date of this Final Order. § 70-77(14), Pinellas County Code.
Docket for Case No: 20-002036
| Issue Date |
Proceedings |
|
Aug. 25, 2021 |
Transmittal letter from the Clerk of the Division forwarding records to the agency.
|
|
Aug. 25, 2021 |
Transmittal letter from the Clerk of the Division forwarding records to the agency.
|
|
Aug. 19, 2020 |
Final Order (hearing held July 2, 7, and 8, 2020). CASE CLOSED.
|
|
Aug. 06, 2020 |
Petitioner's Motion for Attorney's Fees and Costs filed. (DOAH CASE NO. 20-3794 ESTABLISHED)
|
|
Jul. 31, 2020 |
Amended Recommended Order (hearing held July 2, 7 and 8, 2020). CASE CLOSED.
|
|
Jul. 31, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Jul. 30, 2020 |
Recommended Order (hearing held July 2, 7, and 8, 2020).
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Jul. 30, 2020 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
|
Jul. 22, 2020 |
Order Allowing Late-Filed Proposed Recommended Order.
|
|
Jul. 21, 2020 |
Motion for Relief filed.
|
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Jul. 21, 2020 |
Respondent's Proposed Recommended Order filed.
|
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Jul. 20, 2020 |
Petitioner's Proposed Recommended Order filed.
|
|
Jul. 08, 2020 |
CASE STATUS: Hearing Held. |
|
Jul. 07, 2020 |
Second Amended Notice of Continued Hearing by Zoom Conference (hearing set for July 8, 2020; 9:00 a.m.; Tallahassee).
|
|
Jul. 07, 2020 |
CASE STATUS: Hearing Partially Held; continued to July 8, 2020; 09:00 a.m.; Tallahassee, FL. |
|
Jul. 06, 2020 |
Notice of Continued Hearing by Zoom Teleconference (hearing set for July 7, 2020; 9:00 a.m.; Tallahassee).
|
|
Jul. 02, 2020 |
CASE STATUS: Hearing Partially Held; continued to July 7, 2020; 9:00 a.m.; Tallahassee, FL. |
|
Jul. 02, 2020 |
Hearing Exhibits filed by Petitioner.
|
|
Jul. 02, 2020 |
Petitioner's Notice of Filing Exhibits for the Administrative Zoom Hearing Scheduled for July 2, 2020 at 9:30 A.M. filed.
|
|
Jun. 30, 2020 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
|
Jun. 26, 2020 |
Pre-Hearing Stipulation of the Parties filed.
|
|
Jun. 22, 2020 |
CASE STATUS: Pre-Hearing Conference Held. |
|
May 28, 2020 |
Notice of Pinellas County Office of Human Rights Showing Means of Preserving the Record of the Zoom Hearing on Julu 2, 2020 filed.
|
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May 22, 2020 |
Petitioner's First Request for Admissions to Respondent filed.
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May 22, 2020 |
Petitioner's First Interrogatories to Respondent filed.
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May 22, 2020 |
Petitioner's First Request for Production ot Respondent filed.
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May 22, 2020 |
Respondent's First Interrogatories to Claimant filed.
|
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May 22, 2020 |
Respondent's First Requests for Production to Claimant filed.
|
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May 21, 2020 |
Amended Notice of Hearing by Zoom Conference (hearing set for July 2, 2020; 9:30 a.m.; Tallahassee, FL).
|
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May 20, 2020 |
Notice of Telephonic Pre-hearing Conference (set for June 22, 2020; 10:00 a.m.).
|
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May 20, 2020 |
Order of Pre-hearing Instructions.
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May 20, 2020 |
Notice of Hearing by Zoom Teleconference (hearing set for July 2, 2020; 9:00 a.m.; Tallahassee and Tallahassee, FL).
|
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May 19, 2020 |
Respondent's Response to Amended Initial Order filed.
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May 18, 2020 |
Notice of Appearance (April Goodwin) filed.
|
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May 14, 2020 |
Petitioner's Response to Amended Initial Order filed.
|
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Apr. 29, 2020 |
Amended Initial Order.
|
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Apr. 27, 2020 |
Initial Order.
|
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Apr. 27, 2020 |
Investigative Report and Determination filed.
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Apr. 27, 2020 |
Chapter 70 of the Pinellas County Code filed.
|
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Apr. 27, 2020 |
Notice of Failure to Conciliate filed.
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Apr. 27, 2020 |
Notice of Referral for Scheduling of an Administrative Hearing filed.
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Apr. 27, 2020 |
Agency referral filed.
|
Orders for Case No: 20-002036
| Issue Date |
Document |
Summary |
|
Aug. 19, 2020 |
DOAH Final Order
|
?Petitioner discharged for age in violation of Pinellas County ord. 70-53. "We are going with a younger group," = direct evidence of discrimination. Circumstantial evidence supports finding discrimination. Explanation of poor performance not plausible.
|
|
Jul. 31, 2020 |
Amended RO
|
|
|
Jul. 30, 2020 |
Recommended Order
|
Petitioner discharged for age in violation of Pinellas County ord. 70-53. "We are going with a younger group," = direct evidence of discrimination. Circumstantial evidence supports finding discrimination too. Explanation of poor performance not plausible.
|
|
Jul. 30, 2020 |
Recommended Order
|
Petitioner discharged for age in violation of Pinellas County ord. 70-53. "We are going with a younger group," = direct evidence of discrimination. Circumstantial evidence supports finding discrimination too. Explanation of poor performance not plausible.
|
