Petitioner: WILLIAM LANE
Respondent: PATIO CASUAL, LLC
Judges: HETAL DESAI
Agency: Contract Hearings
Locations: Clearwater, Florida
Filed: Dec. 09, 2020
Status: Closed
DOAH Final Order on Monday, April 12, 2021.
Latest Update: Dec. 24, 2024
Summary: Whether Respondent, Patio Casual, LLC (Patio Casual), discriminated against Petitioner, William Lane, based on a perceived or actual disability in the terms of his employment in violation of section 70-53(a)(1) of the Pinellas County Code of Ordinances (Code).1Res discriminated against Pet based on his disability when it told him “because of your medical cond we think you should always wear a mask” and terminated Pet after he refused to wear a mask but other employees were not terminated for not
Summary: Whether Respondent, Patio Casual, LLC (Patio Casual), discriminated against Petitioner, William Lane, based on a perceived or actual disability in the terms of his employment in violation of section 70-53(a)(1) of the Pinellas County Code of Ordinances (Code).1Res discriminated against Pet based on his disability when it told him “because of your medical cond we think you should always wear a mask” and terminated Pet after he refused to wear a mask but other employees were not terminated for not wearing a mask.
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STATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
WILLIAM LANE,
Petitioner,
vs.
PATIO CASUAL, LLC,
Respondent.
/
Case No. 20-5354
*AMENDED AS TO
NOTICE OF RIGHTS ONLY
*AMENDED FINAL ORDER
On March 29, 2021, the undersigned rendered a Recommended Order in this matter. The Order provided the parties ten days in which to file exceptions to the Order. Neither party filed exceptions. Therefore, the Recommended Order is adopted and incorporated by reference into this Final Order.
DISPOSITION
Based upon the Findings of Fact and Conclusions of Law of the Recommended Order adopted and incorporated by this Final Order and upon Pinellas County Code Section 70-78, it is,
ORDERED that:
Respondent, Patio Casual, LLC, treated Petitioner, William Lane, differently in the terms of its mask policy and terminated him because of his disability.
Patio Casual may no longer discriminate against those with a disability and must enforce any safety protocols equally among its employees.
As both parties were self-represented, there is no basis to award reasonable attorney's fees. Jurisdiction to award reasonable costs as provided in section 70-78 of the Pinellas County Code of Ordinances will be reserved. If
the parties are unable to agree upon costs, they may file a motion seeking resolution of the disagreement.
DONE AND ORDERED this 12th day of April, 2021, in Tallahassee, Leon County, Florida.
COPIES FURNISHED:
Anne Othen Patio Casual
23492 US Highway 19 North
Clearwater, Florida 33765
William David Lane 1448 Seagull Drive
Palm Harbor, Florida 34685
S
HETAL DESAI
Administrative Law Judge 1230 Apalachee Parkway
Tallahassee, Florida 32399-3060
(850) 488-9675
www.doah.state.fl.us
Filed with the Clerk of the
Division of Administrative Hearings this 12th day of April, 2021.
Yury L. Rosas, Administrative Support Pinellas County, Office of Human Rights 5th Floor
400 South Fort Harrison Avenue Clearwater, Florida 33756
Jeffery Lorick
Pinellas County Office of Human Rights 5th Floor
Paul Valenti, Human Rights/EEO Officer Pinellas County Office of
Human Rights 5th Floor
400 South Fort Harrison Avenue Clearwater, Florida 33756
400 South Fort Harrison Avenue Clearwater, Florida 33756
Lisa Postell
Equal Opportunity Coordinator 1 Pinellas County Office of
Human Rights 5th Floor
400 South Fort Harrison Avenue Clearwater, Florida 33756
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. § 70-147(g), Pinellas County Code of Ordinances.
Docket for Case No: 20-005354
| Issue Date |
Proceedings |
|
Apr. 20, 2021 |
Notice of Ex Parte Communication.
|
|
Apr. 19, 2021 |
Email regarding Proposed Recommended Order filed by Petitioner.
|
|
Apr. 19, 2021 |
Letter to Judge to Appeal (Proposed Recommended Order) filed by Petitioner.
|
|
Apr. 12, 2021 |
Amended Final Order (hearing held February 24, 2021). CASE CLOSED.
|
|
Apr. 09, 2021 |
Final Order (hearing held February 24, 2021). CASE CLOSED.
|
|
Mar. 29, 2021 |
Recommended Order (hearing held February 24, 2021).
|
|
Mar. 29, 2021 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
|
|
Mar. 08, 2021 |
Respondent's Proposed Recommended Order filed.
|
|
Feb. 25, 2021 |
Letter to Judge to Appeal (William Lane Proposed Recommended Order) filed.
|
|
Feb. 24, 2021 |
CASE STATUS: Hearing Held. |
|
Feb. 23, 2021 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
|
Feb. 19, 2021 |
CASE STATUS: Pre-Hearing Conference Held. |
|
Feb. 19, 2021 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
|
Jan. 05, 2021 |
Notice of Telephonic Pre-hearing Conference (set for February 19, 2021; 11:00 a.m., Eastern Time).
|
|
Jan. 05, 2021 |
Notice of Hearing by Zoom Conference (hearing set for February 24, 2021; 9:30 a.m., Eastern Time).
|
|
Jan. 05, 2021 |
Order of Pre-hearing Instructions.
|
|
Dec. 18, 2020 |
Notice of Ex Parte Communication.
|
|
Dec. 16, 2020 |
Order Granting Notice of Withdraw as Counsel for Petitioner.
|
|
Dec. 16, 2020 |
Petitioner's Response to Initial Order (questions, anwers) filed.
|
|
Dec. 15, 2020 |
Notice of Withdraw as Counsel for Petitioner filed.
|
|
Dec. 14, 2020 |
Fax Transmittal from Petitioner regarding Text Messages from Respondent filed.
|
|
Dec. 10, 2020 |
Procedural Order.
|
|
Dec. 09, 2020 |
Initial Order.
|
|
Dec. 09, 2020 |
Notice of Appearance (Zane Herman).
|
|
Dec. 09, 2020 |
Investigative Report filed.
|
|
Dec. 09, 2020 |
Chapter 70 filed.
|
|
Dec. 09, 2020 |
Notice of Failure to Conciliate filed.
|
|
Dec. 09, 2020 |
Notice of Referral for Scheduling of an Administrative Hearing filed.
|
|
Dec. 09, 2020 |
Agency referral filed.
|
Orders for Case No: 20-005354
| Issue Date |
Document |
Summary |
|
Apr. 12, 2021 |
DOAH Final Order
|
|
|
Apr. 12, 2021 |
DOAH Final Order
|
|
|
Apr. 09, 2021 |
DOAH Final Order
|
Res discriminated against Pet based on his disability when it told him ?because of your medical cond we think you should always wear a mask? and terminated Pet after he refused to wear a mask but other employees were not terminated for not wearing a mask.
|
|
Mar. 29, 2021 |
Recommended Order
|
Res discriminated against Pet based on his disability when it told him ?because of your medical cond we think you should always wear a mask? and terminated Pet after he refused to wear a mask but other employees were not terminated for not wearing a mask.
|
