STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

ANDREW MORET, EEOC Case No. 846201214488

Petitioner, FCHR Case No. 2012-00917

v. DOAH Case No. 12-3888

BAKER DISTRIBUTING CO., LLC, FCHR Order No. 13-054

Respondent.

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FINAL ORDER DISMISSING PETITION FOR RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Andrew Moret 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 Baker Distributing Co., LLC, committed unlawful employment practices on the bases of Petitioner’s race / National Origin (Hispanic) when one of its supervisors made fun of Hispanic accents, and on the basis of retaliation after Petitioner complained about this “making fun,” by giving Petitioner a drug test, assigning Petitioner the task of “pulling copper” more frequently than others, and terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on June 29, 2012, the Executive Director issued a determination finding that there was 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 Jacksonville, Florida, on March 5, 2013, before Administrative Law Judge Lawrence P. Stevenson.

Judge Stevenson issued a Recommended Order of dismissal, dated May 24, 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 August 19, 2013 10:22 AM 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.

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 19th day of August , 2013. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

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

Filed this 19th day of August , 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:

Andrew Moret

329 Van Gogh Circle Ponte Vedra, FL 32801

Baker Distributing Co., LLC c/o Patrick G. DeBlasio, Esq. c/o Theresa M. Vreeland, Esq. Littler Mendelson, P.C.

333 S.E. 2nd Avenue, Suite 2700

Miami, FL 33131

Lawrence P. Stevenson, 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 19th day of August , 2013.

By: /s/ Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 12-003888

Orders for Case No: 12-003888