STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

VANESSA McKEVER,

Petitioner,

V.

EEOC Case No. 15D202000196 FCHR Case No. 201921406 DOAH Case No. 20-4561

WAL-MART STORES EAST, LP FCHR Order No. 21-054

Respondent.

- - - - - - - - - - I

FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Prelimina1y Matters

Petitioner filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2019), alleging Respondent engaged in disability-based disparate treatment and retaliation.

A No Cause determination was issued. Petitioner opted to file a Petition for Relief from an Unlawful Employment Practice. The case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding. An evidentiary hearing was held on March 11, 2021. Administrative Law Judge Garnett W. Chisenhall presided over the hearing.

Judge Chisenhall concluded that, assuming the establishment of an adverse employment action, the greater weight of the evidence did not establish Respondent treated employees outside Complainant's protected class more favorably. Judge Chisenhall also concluded the greater weight of the evidence did not establish Complainant's protected activity was causally connected to the assumed adverse employment action. Based on said conclusions, Judge Chisenhall issued a Recommended Order, dated June 8, 2021, recommending that the Commission dismiss the Petition for Relief.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

Findin gs of Fact

A transcript of the proceeding before the Administrative Law Judge was filed with the Commission. 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 August 23, 2021 12:07 PM Division of Administrative Hearings

FCHR Order No. 21-054

Page2

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 oflaw.

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

DONE AND ORDERED this ft day of )/fili , 2021.

FOR THE FLORIDA COMMISSION ONH AN RELATIONS:

Commissioner Darrick McGhee, Panel Chairperson; Commissioner Libby Farmer; and

Commissioner Angela Primiano

Filed this / 9day of A

ff

in Tallahassee, Florida. , 2

Clerk

Commission on Human Relations 4075 Esplanade Way, Room 110

Tallahassee, FL 32399

(850) 488-7082

Copies furnished to:

Vanessa McKever 9268 Hawkeye Drive

Jacksonville, Florida 32221

FCHR Order No. 21-054

Page3

Walmart Stores East, LP c/o Nicole Dunlap Littler Mendelson, P.C. 111 Orange Avenue,

Orlando, Florida 32801

Garnett W. Chisenhall, Administrative Law Judge, DOAH John Scotese, Legal Advisor for Commission Panel

A . U

I HEREBYf '1 RTIFY that /.b opy of the foregoing has been mailed to the above listed addressees this day of . , 2021.

¼J;,f,J

1

By: Clerk of the Co i ion

Florida Comm=i n Human Relations

Docket for Case No: 20-004561

Orders for Case No: 20-004561