Petitioner: HAROLD E. FORD, JR.
Respondent: A-1 BLOCK CORP.
Judges: LYNNE A. QUIMBY-PENNOCK
Agency: Commissions
Locations: Orlando, Florida
Filed: Sep. 04, 2014
Status: Closed
Recommended Order on Monday, December 22, 2014.
Latest Update: Mar. 12, 2015
Summary: The issues in this case are whether Respondent, A-1 Block Corp., discriminated against Petitioner, Harold E. Ford, Jr., on the basis of his race and/or color and in retaliation, and, if so, what remedy should be ordered.Petitioner failed to prove the allegations of dicrimination, recommend dismissal of Petition.
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS
HAROLD E. FORD, JR., EEOC No. 15D201400305
Petitioner. FCHR Case No. 2014-00295
v. DOAH No. 14-4132
BLOCK CORP., FCHR Order No. 15-012
Respondent.
/
FINAL ORDER DISMISSING PETITIO N
RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E
Preliminary Matters
Petitioner Harold E. Ford, Jr., filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes
alleging that Respondent A- l Block Corp. committed unlawful employment practices on the bases of Petitioner's race (African American) and color, and on the basis of retaliation, by subjecting Petitioner to different terms and conditions of employment and by terminating Petitioner from employment.
The allegations set. forth in the complaint were investigated, and, on July 31,
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 Orlando and Tallahassee, Florida, on October 22, before Administrative Law Judge Lynne A. Quimby-Pennock.
Judge Quimby-Pennock issued a Recommended Order of dismissal, dated December 22, 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 2:39 PM Division of Administrative Hearings
FCHR Order No. 15-012
Page 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 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
DONE AND ORDERED this day of ,
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.
Clerk"
Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399
FCHR Order No. 15-012 3
Copies furnished to:
Harold E. Ford, Jr. c/o Jamison Jessup
Avenue Deltona, FL 32738
A- l Block Corp.
c/o Jeffrey S. Hammer, Esq.
Alvarez, Winthrop, Thompson & Storey, P.A. Post Office
FL 32802
Lynne A. Quimby-Pennock, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel
I HEREBY CERTIFY that a the foregoing has been mailed to the above listed addressees this day
Clerk of
Florida Commission on Human Relations
Docket for Case No: 14-004132
Issue Date |
Proceedings |
Mar. 12, 2015 |
Final Order Dismissing Petitoin for Relief from an Unlawful Employment Practice filed.
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Dec. 29, 2014 |
Transmittal letter from Claudia Llado forwarding records to the agency.
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Dec. 29, 2014 |
Transmittal letter from Claudia Llado forwarding Petitioner's Proposed Exhibits lettered A-E, which were not admitted into evidence, to the Petitioner.
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Dec. 22, 2014 |
Recommended Order (hearing held October 22, 2014). CASE CLOSED.
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Dec. 22, 2014 |
Recommended Order cover letter identifying the hearing record referred to the Agency.
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Dec. 04, 2014 |
Petitioner's Proposed Recommended Order filed.
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Dec. 02, 2014 |
Respondent's Notice of Filing Proposed Recommended Order filed.
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Nov. 24, 2014 |
Notice of Filing Transcript.
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Nov. 24, 2014 |
Transcript (not available for viewing) filed. |
Oct. 22, 2014 |
CASE STATUS: Hearing Held. |
Oct. 22, 2014 |
Letter To Whom It May Concern from Corey Bowers requesting reasonable notice filed.
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Oct. 22, 2014 |
(Petitioner's) Motion to Allow David Mobley to Testify by Telephone filed.
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Oct. 21, 2014 |
Second Amended Petitioner's Proposed Exhibit List filed.
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Oct. 21, 2014 |
Amended Petitioners' Proposed Exhibit List filed.
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Oct. 17, 2014 |
Petitioner's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 15, 2014 |
Petitioner's Proposed Exhibit List (not available for viewing) filed. |
Oct. 15, 2014 |
Petitioner's Proposed Witness List filed.
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Oct. 14, 2014 |
Respondent's Witness List filed.
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Oct. 14, 2014 |
Order Denying Continuance of Final Hearing.
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Oct. 10, 2014 |
Amended Motion to Continue Final Hearing filed.
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Oct. 09, 2014 |
Respondent's Proposed Exhibits filed (exhibits not available for viewing). |
Oct. 06, 2014 |
Respondent's Notice of Filing Proposed Exhibits filed.
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Oct. 06, 2014 |
(Petitioner's) Motion to Continue Final Hearing filed.
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Sep. 23, 2014 |
Court Reporter Request filed.
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Sep. 16, 2014 |
Respondent's Answer to Petition for Relief and Request for Attorney's Fees filed.
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Sep. 16, 2014 |
Order of Pre-hearing Instructions.
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Sep. 16, 2014 |
Notice of Hearing by Video Teleconference (hearing set for October 22, 2014; 9:30 a.m.; Orlando and Tallahassee, FL).
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Sep. 15, 2014 |
Order Accepting Qualified Representative.
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Sep. 12, 2014 |
Petitioner's Compliance with Paragraph 2 of Initial Order filed.
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Sep. 12, 2014 |
(Petitioner's) Unopposed Motion to Recognize Jamison Jessup as Petitioner's Qualified Representative filed.
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Sep. 12, 2014 |
Notice of Appearance (Jamison Jessup) filed.
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Sep. 10, 2014 |
Respondent's Notice of Compliance with Paragraph 2 of Initial Order filed.
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Sep. 04, 2014 |
Initial Order.
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Sep. 04, 2014 |
Employment Complaint of Discrimination fled.
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Sep. 04, 2014 |
Notice of Determination: No Cause filed.
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Sep. 04, 2014 |
Determination: No Cause filed.
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Sep. 04, 2014 |
Petition for Relief filed.
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Sep. 04, 2014 |
Transmittal of Petition filed by the Agency.
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Orders for Case No: 14-004132
Issue Date |
Document |
Summary |
Mar. 12, 2015 |
Agency Final Order
|
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Dec. 22, 2014 |
Recommended Order
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Petitioner failed to prove the allegations of dicrimination, recommend dismissal of Petition.
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