STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

DEMARIO YORKER, EEOC No. 15D201400140

Petitioner, FCHR Case No. 2013-02102

v. DOAH No. 14-2482

GIRARD EQUIPMENT, INC., FCHR Order No.

Respondent.

/

FINAL ORDER DISMISSING PETITIO N

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner DeMario Yorker filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2013), alleging that Respondent Girard Equipment, Inc., committed an unlawful employment practice on the basis of Petitioner's race (African American) when it terminated Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on April 30, 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 by video teleconference at sites in Port St. Lucie and Tallahassee, Florida, on October 22, before Administrative Law Judge Darren A. Schwartz.

Judge Schwartz issued a Recommended Order of dismissal, dated December

2014.

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 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 12, 2015 2:40 PM Division of Administrative Hearings

FCHR Order No.

2

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 days of the date this Order is filed with the Clerk of the Commission. Explanation of the right to appeal is found in Section Florida Statutes, and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day of fll%uA^ .

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M . Singer, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner Tony Jenkins

Filed this of , in Tallahassee, Florida.

Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399

FCHR Order No. Page 3

Copies furnished to:

DeMario Yorker 4129 37th Drive

Beach, FL 32967

Girard Equipment, Inc. c/o Jason L. Esq. Gould, Cooksey, Fennell, 979 Beachland Boulevard

Vero FL 32963

Darren A. Schwartz, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copvof the foregoing has been mailed to the above

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-002482

Orders for Case No: 14-002482