STATE OF FLORIDA
ON HUMAN RELATIONS
DANIELE M . CAMP, EEOC No. 15D201400353
Petitioner, FCHR Case No.
v. No. 14-5134
LABOR READY SOUTHEAST, INC., FCHR Order No. 15-018
Respondent.
This matter is before the Commission for consideration of the Recommended Order, dated January 20, issued in the matter by Administrative Law Judge W. David Watkins.
Findings of Fact and Conclusions of Law
Judge Watkins' order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case. Further, Judge Watkins' order states that Petitioner "has not proven her claim by the preponderance of the evidence." Consequently, the order recommends that the Commission issue a final order denying the Petition for Relief.
Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Demons v. Emerald Grande, LLC, FCHR Order No.
033 (September 10, 2014), Bullard v. Lowry Group Properties, Inc., et FCHR Order No. 13- (February 26, 2013), Goldenberg v. Department of Corrections, FCHR Order No. 12-051
(September 2012), Dotson v. Department of Financial Services, FCHR Order No.
(April Patterson v. Panama City Housing Authority, FCHR Order No. (January 13, Crump v. The Majestic Tower at Harbour, FCHR Order No. 10-072 (September 21, 2010), v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27,
Cowden v. et FCHR Order No. (December 14, 2009), Scott v. Two a Truck. FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco. Inc.. FCHR
Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Bay Walk. FCHR Order No. 07-037 (June 2007), Martinez v. KJC Plantation Island Resort. FCHR Order No. 07-028 (April 20, 2007), et al. v. Robert Buckner & Associates. FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida. FCHR Order No. 06- 079 (September 18,2006).
FCHR Order No. 15-018 2
We adopt the Administrative Law Judge's finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry her burden of proof.
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 of appeal is found in Section Florida Statutes, and in the Florida Rules of Appellate Procedure
DONE AND ORDERED this day of 2015.
FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:
Commissioner Michael Keller, Panel Chairperson; Commissioner Rebecca Steele; and
Commissioner Billy Whitefox Stall
Filed this of in Tallahassee, Florida.
2015,
Clerk
Commission on Human Relations 4075 Esplanade Way, Room Tallahassee, FL 32399
Copies furnished to:
Daniele M . Camp
c/o Fred D. Mongello, Esq. Law Office of Grant and Dozier
North Apopka Avenue Inverness, FL 34450
FCHR Order No. Page 3
Labor Ready Southeast, Inc. c/o Laurel Miller
1015 A Street
Tacoma,WA 98402
W. David Watkins, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel
I HEREBY CERTIFY that of the foregoing has been mailed to the above listed addressees this day of .
By:
Clerk of the
Florida Commission on Human Relations
Issue Date | Proceedings |
---|---|
Mar. 27, 2015 | Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed. |
Jan. 20, 2015 | Recommended Order (hearing held January 14, 2015). CASE CLOSED. |
Jan. 20, 2015 | Recommended Order cover letter identifying the hearing record referred to the Agency. |
Jan. 14, 2015 | CASE STATUS: Hearing Held. |
Nov. 25, 2014 | Order of Pre-hearing Instructions. |
Nov. 25, 2014 | Notice of Hearing (hearing set for January 14, 2015; 9:30 a.m.; Gainesville, FL). |
Oct. 30, 2014 | Initial Order. |
Oct. 30, 2014 | Employment Complaint of Discrimination filed. |
Oct. 30, 2014 | Notice of Determination: No Cause filed. |
Oct. 30, 2014 | Determination: No Cause filed. |
Oct. 30, 2014 | Petition for Relief filed. |
Oct. 30, 2014 | Transmittal of Petition filed by the Agency. |
Issue Date | Document | Summary |
---|---|---|
Mar. 26, 2015 | Agency Final Order | |
Jan. 20, 2015 | Recommended Order | Petitioner failed to appear at the final hearing, and therefore failed to carry her burden of proving that she was discriminated against based upon her gender. |