STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

REGGIE DANCY, EEOC No. 15D201400192

Petitioner, FCHR Case No. 2014-00068

v. No. 14-3387

PRECISION TUNE AUTO CARE, FCHR Order No. 15-013

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Reggie Dancy filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes alleging that Respondent Precision Tune Auto Care committed unlawful employment practices on the basis of Petitioner's sex (male) by subjecting Petitioner to sexual harassment, and on the basis of Petitioner's race (African American) by denying Petitioner a transfer and by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on July 1,

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 by video teleconference at sites in Pensacola and Tallahassee, Florida, on November before Administrative Law Judge E. Gary Early.

Judge Early issued a Recommended Order of dismissal, dated December 29,

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 12, 2015 2:58 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.

We adopt the Administrative Law Judge's conclusions of law.

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge's 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 Florida Statutes, and in the Florida Rules of Appellate Procedure

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

in Tallahassee, Florida.

Clerk

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

Copies furnished to:

Reggie

Twiggs Lane Pensacola, FL 32505

Precision Tune Auto Care c/o Kelly B. Holbrook, Esq. Broad and Cassel

North Tampa Street, Suite 3500 Tampa, FL

E. Gary Early, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a has been mailed to the above listed addressees this day of. ., 2015.

: tne

Florida Commission on Human Relations

Docket for Case No: 14-003387

Orders for Case No: 14-003387