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SHEKITA HILL vs SUBWAY, 12-000886 (2012)

Court: Division of Administrative Hearings, Florida Number: 12-000886 Visitors: 3
Petitioner: SHEKITA HILL
Respondent: SUBWAY
Judges: THOMAS P. CRAPPS
Agency: Florida Commission on Human Relations
Locations: Lakeland, Florida
Filed: Mar. 12, 2012
Status: Closed
Recommended Order on Monday, January 7, 2013.

Latest Update: Mar. 11, 2013
Summary: Whether Petitioner established that Respondent is an "employer" under the Florida Civil Rights Act (FCRA), section 760.02(7), Florida Statutes (2011),1/ in order to confer jurisdiction on the Florida Commission on Human Relations (Commission); and Whether Petitioner established by a preponderance of the evidence that Respondent retaliated against Petitioner for filing a complaint with the federal Equal Employment Opportunity Commission (EEOC), in violation of the FCRA, section 760.10(7).Petition
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


SHEKITA HILL, EEOC Case No. 511201200281


Petitioner, FCHR Case No. 2012-00364


v. DOAH Case No. 12-0886


GOGA BAP CORPORATION, d/b/a FCHR Order No. 13-023 SUBWAY STORE NO. 13268,


Respondent.

/


FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters


Petitioner Shekita Hill filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2011), alleging that Respondent Goga Bap Corporation, d/b/a Subway Store No. 13268, committed unlawful employment practices on the basis of retaliation for Petitioner having filed an earlier discrimination complaint by reducing the number of hours Petitioner was assigned to work and by providing false information that disqualified Petitioner from receiving government assistance.

The allegations set forth in the complaint were investigated, and, on February 28, 2012, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held in Lakeland, Florida, on October 24, 2012, before Administrative Law Judge Thomas P. Crapps.

Judge Crapps issued a Recommended Order of dismissal, dated January 7, 2013.

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


Findings of Fact


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 March 11, 2013 2:56 PM Division of Administrative Hearings


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.

The Administrative Law Judge concluded, “The facts show that [Respondent] did not have more than 15 employees in the 20 or more calendar weeks for the Subway franchise where [Petitioner] worked…Thus, [Petitioner] has failed to bring forward evidence showing that jurisdiction exists under the FCRA.” Recommended Order, ¶ 13.

We note that whether a Respondent has the requisite number of employees to be governed by the Florida Civil Rights Act of 1992 is not a jurisdictional issue, but rather is an element of Petitioner’s claim for relief, which, in the instant case, the Administrative Law Judge appears to conclude that Petitioner failed to prove, as indicated above. See Prince v. Blanton Plumbing / Douglas Blanton, FCHR Order No. 13-007 (February 6, 2013), citing Kaplan v. Lappin and the Palm Beach Pops, Inc., 2010 U.S. Dist. LEXIS 73004 (S.D. Fla. 2010).

With this comment, we adopt the Administrative Law Judge’s conclusions of law.


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


DONE AND ORDERED this 11th day of March , 2013. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Gilbert M. Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner Michell Long


Filed this 11th day of March , 2013, in Tallahassee, Florida.


/s/ Violet Crawford, Clerk

Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082


Copies furnished to:


Shekita Hill

c/o Jerry Girley, Esq.

The Girley Law Firm, P.A. 125 East Marks Street Orlando, FL 32803


Goga Bap Corporation, d/b/a Subway Store No. 13268

c/o Matthew D. Westerman, Esq. Blalock Walters, P.A.

802 11th Street West Bradenton, FL 34205


Thomas P. Crapps, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel


I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 11th day of March , 2013.


By: /s/ Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 12-000886
Issue Date Proceedings
Mar. 11, 2013 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Jan. 07, 2013 Recommended Order (hearing held , 2011). CASE CLOSED.
Jan. 07, 2013 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 11, 2012 Respondent's Proposed Recommended Order filed.
Dec. 03, 2012 (Petitioner's) Proposed Recommended Order filed.
Dec. 03, 2012 Order Granting Extension of Time.
Nov. 29, 2012 Unopposed Motion for Extension of Time to File Recommended Order filed.
Nov. 19, 2012 Transcript of Proceedings (not available for viewing) filed.
Oct. 24, 2012 CASE STATUS: Hearing Held.
Oct. 23, 2012 Amended Notice of Hearing (hearing set for October 24, 2012; 9:00 a.m.; Lakeland, FL; amended as to live hearing).
Oct. 23, 2012 Respondent's Motion to Correct Case Caption and/or to Substitute Party filed.
Oct. 01, 2012 Order Denying Respondent`s Motion to Relinquish Jurisdiction.
Sep. 11, 2012 Response to Respondent's Motion to Relinquish Jurisdiction filed.
Sep. 04, 2012 Order Re-scheduling Hearing by Video Teleconference (hearing set for October 24, 2012; 9:00 a.m.; Lakeland, FL).
Sep. 04, 2012 CASE STATUS: Motion Hearing Held.
Aug. 27, 2012 Notice of Conflict filed.
Aug. 10, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for September 10, 2012; 9:00 a.m.; Lakeland, FL).
Aug. 08, 2012 Respondent's Unopposed Motion for Continuance of Final Hearing filed.
Aug. 07, 2012 Respondent's Proposed Exhibits (exhibits not available for viewing)
Aug. 06, 2012 Respondent's Notice of Filing the Proposed Exhibits filed.
Aug. 03, 2012 Pre-hearing Stipulation filed.
Jul. 31, 2012 Respondent's Motion to Relinquish Jurisdiction filed.
Jul. 27, 2012 Respondent's Responses to Petitioner's Request for Admissions filed.
Jun. 27, 2012 Petitioner's Request for Admissions to Respondent, GOGA BAP Corporation d/b/a Subway filed.
May 15, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for August 13, 2012; 9:00 a.m.; Lakeland, FL).
May 10, 2012 Respondent's First Request for Production of Documents to Petitioner filed.
May 10, 2012 Respondent's Notice of Service of Respondent's First Set of Interrogatories to Petitioner filed.
May 10, 2012 Notice of Taking Deposition (Shekita Hill) filed.
May 09, 2012 Respondent's Unopposed Motion for Continuance of Final Hearing filed.
May 01, 2012 Notice of Appearance (Matthew Westerman) filed.
Apr. 09, 2012 Order Granting Leave to Withdraw.
Apr. 04, 2012 Letter to Judge Crapps from M. Westerman regarding we have not been retained by respondent to represent it in the above referenced matter filed.
Apr. 02, 2012 Order Granting Continuance and Re-scheduling Hearing by Video Teleconference (hearing set for June 5, 2012; 9:00 a.m.; Lakeland, FL).
Mar. 30, 2012 Motion for Continuance of Hearing filed.
Mar. 26, 2012 Order of Pre-hearing Instructions.
Mar. 26, 2012 Notice of Hearing by Video Teleconference (hearing set for April 26, 2012; 9:30 a.m.; Lakeland and Tallahassee, FL).
Mar. 14, 2012 Initial Order.
Mar. 12, 2012 Employment Complaint of Discrimination fled.
Mar. 12, 2012 Notice of Determination: No Cause filed.
Mar. 12, 2012 Transmittal of Petition filed by the Agency.
Mar. 12, 2012 Petition for Relief filed.
Mar. 12, 2012 Determination: No Cause filed.

Orders for Case No: 12-000886
Issue Date Document Summary
Mar. 11, 2013 Agency Final Order
Jan. 07, 2013 Recommended Order Petitioner did not prove employment discrimination; and Respondent did not meet the definition of an employer under the Florida Civil Rights Act.
Source:  Florida - Division of Administrative Hearings

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