STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

ANNA L. FOSTER, EEOC No. 15D201400579

Petitioner, FCHR Case No. 2014-01077

v. DOAH No. 14-5354

MAX-PAK, LLC, AND STAFF BUILDERS HR, LLC,

FCHR Order No. 15-026

Respondents.

/

FINAL ORDER DISMISSING PETITION FOR

RELIE F FROM AN UNLAWFUL EMPLOYMEN T PRACTIC E

Preliminary Matters

Petitioner Anna L. Foster filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2013), alleging that Respondents LLC, and Staff Builders HR, LLC, committed an unlawful employment practice on the basis of Petitioner's sex (female) by terminating Petitioner from employment.

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

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 Lakeland and Tallahassee, Florida, on February 12, before Administrative Law Judge D. R. Alexander.

Judge Alexander issued a Recommended Order of dismissal, dated February 25,

2015.

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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the

Filed May 26, 2015 3:22 PM Division of Administrative Hearings

Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Inc. v. Commission on Human Relations, et 527 So. 2d 894, at 897, 898 5th DCA Accord, Coleman v. Davtona Beach, Ocean Center Parking Garage, FCHR Order No. 14-034 (September 10, 2014), Gantz, et v. Zion's Hope, Inc., d/b/a Holy Land Experience, FCHR Order No.

(June 6, and Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 2008).

We adopt the Administrative Law Judge's findings of fact.

Conclusions of Law

We 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 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 ., 2015.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Michael Keller, Panel Chairperson; Commissioner Onelia Fajardo-Garcia; and Commissioner J. Jeff Graber

Clerk d

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

Copies furnished to:

Anna L. Foster

c/o Richard A. Johnson, Qualified Representative

Connestee Road Lakeland, FL

Anna L. Foster

647 West Third Street Lakeland, FL 33805-4305

Max-Pak, LLC

2808 New Tampa Highway

FL 33815-3465

Staff Builders HR, LLC

c/o Virgil Tray Batcher, Esq. Trent Cotney,

407 North Howard Avenue, Ste. Tampa, FL 33606-1575

J. R. Alexander, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

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

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 14-005354

Orders for Case No: 14-005354