STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

RANDOLF L. TRUMP )

)

Petitioner, )

)

vs. ) CASE NO. 89-5708

)

) MARTIN MARIETTA ELECTRONICS ) AND MISSILES GROUP )

)

Respondent. )

)

RECOMMENDED ORDER OF DISMISSAL

Pursuant to notice, an administrative hearing was held before Daniel M. Kilbride, a duly designated Hearing Officer with the Division of Administrative Hearings, on February 16, 1990, in Orlando, Florida. The following appearances were entered:

APPEARANCES

For Petitioner: no appearance

For Respondent: Thomas C. Garwood, Esquire

Garwood and McKenna, P.A.

322 East Pine Street Orlando, Florida

STATEMENT OF THE ISSUES

Whether Petitioner's layoff on February 12, 1988 was based on his religion, Seventh Day Adventist, and Respondent thereby committed an unlawful employment practice.

Whether, prior to his layoff, Petitioner's several job reassignments were based on Respondent's unwillingness to accommodate Petitioner's religious beliefs.

Whether Respondent reasonably accommodated Petitioner in the exercise of his religious beliefs.

Whether Respondent had a legitimate, nondiscriminatory business justification for reassigning and laying off the Petitioner.

PRELIMINARY STATEMENT

By Petition for Relief, Petitioner charged Respondent with an unlawful employment practice. Respondent denied the allegations. This matter was referred to the Division of Administrative Hearings for a formal hearing under Section 120.57(1), Florida Statutes, and Rule 22T-8.016(1), Florida

Administrative Code. A formal hearing was scheduled on February 16, 1990, in Orlando, Florida.

The Initial Order was mailed to the Petitioner on October 31, 1989, at the address he provided to the Commission. A formal response was not received from either party. The formal hearing was thereafter scheduled, and the Petitioner in this matter was notified of the scheduling of the formal hearing in accordance with Section 120.57(1), Florida Statutes, at the address furnished by the Petitioner. Thereafter, at least two attorneys telephonically inquired about this case on behalf of the Petitioner, indicating he was aware of the time and place of the hearing. In accordance with the Notice of Hearing and Initial Prehearing Order, dated November 17, 1989, the final hearing was convened at the designated location for the hearing: Suite 109, Room 2, Zora Neal Hurston Building, 400 West Robinson Street, Orlando, Florida, at 9:00 a.m., February 16, 1990. Prior thereto, diligent search and inquiry was made to discover the current whereabouts of Petitioner, however, he could not be located. Respondent was present and was ready to proceed. At 9:30 a.m. when Petitioner had not appeared, Respondent requested by oral Motion that the undersigned enter a recommended order of dismissal in this case on the grounds that Petitioner, by not appearing for the final hearing, has failed to meet his burden of proof in this matter on all issues pending in this proceeding.

A transcript was not filed in this matter, and neither party filed proposed findings of fact.

FINDINGS OF FACT

1. At the appointed time and place of the hearing, Petitioner failed to appear and present any evidence in support of his petition for relief.

   
   

   CONCLUSIONS OF LAW

   
   

2. The Division of Administrative Hearings has jurisdiction over the subject matter and the parties in this matter, pursuant to the provisions of Section 120.57(1), Florida Statutes(1989).

   
   

3. The State of Florida, under the legislative schedule contained in Chapter 760, Florida Statutes, incorporates and adopts the legal principles and precedents established in the federal anti-discrimination laws specifically set forth under Title VII of the Civil Rights Act of 1964, as amended in 42 USC Section 2000e, et seq. The Florida law prohibiting discrimination based on religion is found in Section 760.10(1), Florida Statutes(1989).

   
   

4. Like plaintiffs in Title VII actions, the Petitioner must bear the burden of persuasion on the ultimate fact of discrimination. Walker v. Ford Motor Co., 684 F.2d 1355 (11th Cir. 1982). By presenting no evidence, Petitioner has wholly failed to meet his burden and therefore, cannot prevail. See also: McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973) and Texas Department of Community Affairs v. Burdine, 450 U.S. 248 (1981). It is therefore,

RECOMMENDATION

That a Final Order be issued dismissing the Petition for Relief filed by Petitioner.

DONE AND ENTERED this 22nd day of February, 1990, in Tallahassee, Leon County, Florida.

DANIEL N. KILBRIDE

Hearing Officer

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-1550

(904)488-9675

Filed with the Clerk of the Division of Administrative Hearings this 22nd day of February, 1990.

COPIES FURNISHED:

Randolf L. Trump

608 N.E. 28th Street Ocala, FL 32670

Lewis A. Stoutf Director Department of Public Affairs and Religious Liberty Southern Union Conference

of Seventh Day Adventists Post Office Box 849 Decatur, Ga. 30031

Ben Morall, Jr., Manager Equal Employment Opportunity Martin Marietta Electronics and Missile Group

Post Office Box 555837 Orlando, FL 32855-5837

Thomas C. Garwood, Jr., Esquire Garwood and McKenna, P.A.

322 East Pine Street Orlando, FL 32801

Margaret Jones Clerk

Commission on Human Relations

325 John Knox Road, Suite 240 Building F

Tallahassee, FL 32399-1570

Dana Baird General Counsel

Commission on Human Relations

325 John Knox Road, Suite 240 Building F

Tallahassee, FL 32399-1570

Docket for Case No: 89-005708

Orders for Case No: 89-005708