STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

MAURICE L. JEWELL, M.D., )

)

Petitioner, )

)

vs. ) CASE NO. 86-3271

) AMERICAN MEDCARE CENTERS, INC., )

)

Respondent. )

)

RECOMMENDED ORDER

A final hearing was scheduled to be held in this case on November 21, 1986 in Clearwater, Florida, before Donald D. Conn, a duly designated Hearing Officer of the Division of Administrative Hearings. Maurice L. Jewell, M.D. (Petitioner) was represented by Wayne M. Carroll, Esquire, but no representative of American MedCare Centers, Inc., (Respondent) appeared. Based upon the record in this case, the following findings of fact are made.

FINDINGS OF FACT

1. On or about May 14, 1985, Petitioner filed a Complaint of Discrimination against Respondent alleging discrimination based on his handicap.

   
   

2. Petitioner was employed as medical director and physician with Respondent from July, 1984 until November, 1984 when he was discharged. He was denied reinstatement in December, 1984 and April, 1985.

   
   

3. It is unrebutted that the sole basis for Petitioner's discharge was the fact that he has had a laryngectomy.

   
   

4. It is readily apparent that Petitioner has had a laryngectomy, but also that he is capable of communicating with others by means of a voice prosthesis which is not visible to the public.

   
   

5. Petitioner indicates, and there is no evidence to the contrary, that he is capable of performing all duties of medical director and physician, and that he has worked at other clinics since his discharge.

   
   

6. Notice of the hearing was sent to Respondent at its business address, but said notice was returned by the Post Office with the notation, "Moved Left No Address". It appears that Respondent has closed its clinic. Notice was then sent to Respondent's President, Dr. Rudolph Bono, and said notice has not been returned by the Post Office.

CONCLUSIONS OF LAW

The Division of Administrative Hearings has jurisdiction over the parties and subject matter in this cause. Section 120.65, F.S.; City of Clearwater Ordinances Numbered 1843, 1959 and 2004.

The Petitioner bears the initial burden of establishing a prima facie case of discrimination. McDonnell Douglas Corn. v. Green, 411 U.S. 792 (1973); Teamsters v. limited States, 431 U.S. 324 (1977). Petitioner has sustained his initial burden in this case by establishing the fact that he is handicapped, he was discharged from employment and the basis of that discharge appears to have been his handicap.

Since Respondent, through its President apparently received notice of this hearing but chose not to be present, Respondent has failed to establish some legitimate, non-discriminatory reason for the action taken. Texas Department of Community Affairs v. Burdine, 450 U.S. 248 (1981). Therefore, Respondent discriminated against Petitioner based upon his handicap, according to the record in this case.

RECOMMENDATION

Based upon the foregoing, it is recommended that a Final Order be issued finding that Respondent has unlawfully discriminated against Petitioner based upon his handicap.

DONE AND ENTERED this 18th day of December, 1986 in Tallahassee, Florida.

DONALD D. CONN

Hearing Officer

Division of Administrative Hearings The Oakland Building

2009 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904) 488-9675

Filed with the Clerk of the Division of Administrative Hearings this 18th day of December, 1986.

COPIES FURNISHED:

Wayne M. Carroll, Esquire Post Office Box 496

Lake Butler, Florida 32054

Dr. Rudolph Bono Harborage Condominiums 1631 Gulf Boulevard

Clearwater, Florida 33517

Miles A. Lance, Esquire Post Office Box 4748 Clearwater, Florida 33518

Ronald M. McElrath, Coordinator Office of Community Relation Post Office Box 4748 Clearwater, Florida 33518

Docket for Case No: 86-003271

Orders for Case No: 86-003271