Elawyers Elawyers
Washington| Change

HAROLD E. FORD, JR. vs A-1 BLOCK CORP., 14-004132 (2014)

Court: Division of Administrative Hearings, Florida Number: 14-004132 Visitors: 15
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.
TempHtml


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.
Dec. 29, 2014 Transmittal letter from Claudia Llado forwarding records to the agency.
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.
Dec. 22, 2014 Recommended Order (hearing held October 22, 2014). CASE CLOSED.
Dec. 22, 2014 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 04, 2014 Petitioner's Proposed Recommended Order filed.
Dec. 02, 2014 Respondent's Notice of Filing Proposed Recommended Order filed.
Nov. 24, 2014 Notice of Filing Transcript.
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.
Oct. 22, 2014 (Petitioner's) Motion to Allow David Mobley to Testify by Telephone filed.
Oct. 21, 2014 Second Amended Petitioner's Proposed Exhibit List filed.
Oct. 21, 2014 Amended Petitioners' Proposed Exhibit List filed.
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.
Oct. 14, 2014 Respondent's Witness List filed.
Oct. 14, 2014 Order Denying Continuance of Final Hearing.
Oct. 10, 2014 Amended Motion to Continue Final Hearing filed.
Oct. 09, 2014 Respondent's Proposed Exhibits filed (exhibits not available for viewing).
Oct. 06, 2014 Respondent's Notice of Filing Proposed Exhibits filed.
Oct. 06, 2014 (Petitioner's) Motion to Continue Final Hearing filed.
Sep. 23, 2014 Court Reporter Request filed.
Sep. 16, 2014 Respondent's Answer to Petition for Relief and Request for Attorney's Fees filed.
Sep. 16, 2014 Order of Pre-hearing Instructions.
Sep. 16, 2014 Notice of Hearing by Video Teleconference (hearing set for October 22, 2014; 9:30 a.m.; Orlando and Tallahassee, FL).
Sep. 15, 2014 Order Accepting Qualified Representative.
Sep. 12, 2014 Petitioner's Compliance with Paragraph 2 of Initial Order filed.
Sep. 12, 2014 (Petitioner's) Unopposed Motion to Recognize Jamison Jessup as Petitioner's Qualified Representative filed.
Sep. 12, 2014 Notice of Appearance (Jamison Jessup) filed.
Sep. 10, 2014 Respondent's Notice of Compliance with Paragraph 2 of Initial Order filed.
Sep. 04, 2014 Initial Order.
Sep. 04, 2014 Employment Complaint of Discrimination fled.
Sep. 04, 2014 Notice of Determination: No Cause filed.
Sep. 04, 2014 Determination: No Cause filed.
Sep. 04, 2014 Petition for Relief filed.
Sep. 04, 2014 Transmittal of Petition filed by the Agency.

Orders for Case No: 14-004132
Issue Date Document Summary
Mar. 12, 2015 Agency Final Order
Dec. 22, 2014 Recommended Order Petitioner failed to prove the allegations of dicrimination, recommend dismissal of Petition.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer