STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

SCARLETT D. EVANS, EEOC Case No. NONE

Petitioner, FCHR Case No.

1. DOAH No. 16-0097

   
   

   MOMMA G'S, INC., FCHR Order No.

   
   

   Respondent.

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   FINAL ORDER AWARDING AFFIRMATIV E RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

   
   

   This matter is before the Commission for consideration of the Order of Dismissal, dated November issued in the above-styled matter by Administrative Law Judge Gamett W. Chisenhall.

   
   

   Findings of Fact and Conclusions of Law

   
   

   On August 4, the Commission issued an order finding that an unlawful employment practice had occurred in this case, and remanding the case to the Administrative Law Judge for the issuance of a Recommended Order regarding the amounts of back pay, attorney's fees and costs owed Petitioner. The Commission's order also ordered Respondent to cease and desist from discriminating further "in the manner in which it has been found to have unlawfully discriminated against Petitioner," and "to reinstate Petitioner to her position with all seniority and benefits as i f she had not been terminated." See, "Interlocutory Order Awarding Affirmative Relief from an Unlawful Employment Practice and Remanding Case to Administrative Law Judge for Issuance of Recommended Order Regarding Amounts of Back Pay, Attorney's Fees and Costs Owed Petitioner," FCHR Order No. (August 4,

   Judge Chisenhall's Order of Dismissal reflects that Petitioner failed to comply with an order of the Administrative Law Judge. Specifically, on October following the above- referenced remand from the Commission, Judge Chisenhall issued an Initial Order directing Petitioner, by November 7, to file a petition, supported by affidavits, as to the amount of back pay lost by Petitioner and the amounts of attorney's fees and costs incurred by Petitioner.

   As of November Petitioner had not filed a petition nor requested an extension of time to file a petition. Based on this, Judge Chisenhall's Order of Dismissal dismisses the case, closes the file of the Division of Administrative Hearings and relinquishes jurisdiction to the Commission.

   We note that, generally, Commission panels have concluded that a Petitioner's failure to respond to orders of an Administrative Law Judge amounts to a voluntary dismissal of the

   
   

   Filed February 10, 2017 4:26 PM Division of Administrative Hearings

   
   

   Petition for Relief. See, generally, Varona v. Marshall Apartments, LLC, FCHR Order No. 062 (October Noel v. C and S Wholesale Services, Inc., FCHR Order No.

   (July Morgan v. Skin Cancer Associates, FCHR No. 15-035 (June 10, 2015), Herard v. Inc., FCHR Order No. (May 1, v. Primrose Center. Inc.. FCHR Order No. (February Roundtree. et al. v. Advenir at

   LLC, FCHR Order No. (August 30, Biggers v. Rooms To Go, FCHR Order No. 09-045 (May 2009), Shook v. Riverside National Bank, FCHR Order No. 08-029 (May 6, 2008), Clifton v. et FCHR Order No. 07-062 (November 7, 2007), Bordonaro v. The Green at the Heather Condominium Association, Inc., FCHR Order No. 07-010 (February 2007), Butler v. The Pepsi Bottling Group, FCHR Order No. (December 4, 2006),

   Castellanos v. Express Net Airlines Pilots Association, FCHR Order No. 05-061 (June 2005),

   v. Karl's Haberdashery of Florida. Inc.. FCHR Order No. 04-020 (March 2004), and Kenny v. Florida Department of Corrections, FCHR Order No. 02-020 (June 3, 2002).

   Given the posture of the case, we conclude that Petitioner has voluntarily declined to petition for the amount of back pay lost and the amounts of attorney's fees and costs incurred. We do not view the failure to respond to the Initial Order as a forfeiture of the other relief awarded in FCHR Order No.

   
   

   Exceptions

   
   

   Neither of the parties filed exceptions to the Administrative Law Judge's Order of Dismissal.

   
   

   Affirmative Relief

   
   

   While we have concluded that Petitioner has voluntarily declined to petition for the amount of back pay lost and the amounts of attorney's fees and costs incurred, we note that Respondent has already been ORDERED by FCHR Order No. to provide the following affirmative relief:

   1. to cease and desist from discriminating further in the manner it has been found to have unlawfully discriminated against Petitioner; and

   2. to reinstate Petitioner to her position with all seniority and benefits as i f she had not been terminated.

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

DONE AND ORDERED this day of

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson; Commissioner Donna and

Commissioner Jay Pichard

Filed this day of

in Tallahassee, Florida.

Clerk

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

(850) 488-7082

Copies furnished to:

Scarlett D. Evans

c/o Robert L. Thirston, Esq. Thirston Law Office

Post Office Box Panama City Beach, FL

Momma G's, Inc.

c/o John B. Trawick, Esq. McConnaughhay Coonrod Pope

Weaver Stern & Thomas, South Baylen Street, Ste. 500

Pensacola, FL 32502

W. Chisenhall, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this / day

By:

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 16-000097

Orders for Case No: 16-000097