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CHRIS MINIARD vs NORTH FLORIDA DESIGN GROUP, INC., 16-001909 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-001909 Visitors: 8
Petitioner: CHRIS MINIARD
Respondent: NORTH FLORIDA DESIGN GROUP, INC.
Judges: LAWRENCE P. STEVENSON
Agency: Florida Commission on Human Relations
Locations: Jacksonville, Florida
Filed: Apr. 04, 2016
Status: Closed
Recommended Order on Thursday, August 4, 2016.

Latest Update: Sep. 30, 2016
Summary: Whether Respondent, North Florida Design Group, Inc., d/b/a Granite Transformations of Jacksonville (“North Florida Design”), discriminated against Petitioner, based upon his sex, by creating a hostile working environment and whether North Florida Design terminated Petitioner's employment in retaliation for complaining that an employee of Respondent was sexually harassing Petitioner, in violation of section 760.10, Florida Statutes (2015).1/Petitioner failed to establish that he was sexually har
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STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


CHRIS MINIARD, EEOC Case No.


Petitioner, FCHR Case No.


v. DOAH No.


NORTH FLORIDA DESIGN GROUP, INC.,

FCHR Order No. 16-051


Respondent.

/


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E


Preliminary Matters


Petitioner Chris Miniard filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2014), alleging that Respondent North Florida Design Group, Inc., committed unlawful employment practices on the basis of Petitioner's sex (male) by subjecting Petitioner to sexual harassment and on the basis of retaliation by terminating Petitioner from employment for complaining about being sexually harassed.

Prior to the issuance of an investigatory determination by the Commission, 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 in Jacksonville, Florida, on June 8, before Administrative Law Judge Lawrence P. Stevenson.

Judge Stevenson issued a Recommended Order of dismissal, dated August 4,

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 September 30, 2016 8:00 AM Division of Administrative Hearings


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 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 of FOR THE FLORIDA COMMISSION ON

,

AN RELATIONS:


Commissioner Rebecca Steele, Panel Chairperson; Commissioner Donna and

Commissioner Gilbert M. Singer


in Tallahassee, Florida.


Clerk

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

(850) 488-7082


Copies furnished to:


Chris Miniard

c/o Daniel J. Esq. Daniel J. Glary,

2468 Atlantic Boulevard

Jacksonville, FL 32207


North Florida Design Group, Inc. c/o Michelle Bedoya Barnett, Esq. c/o David E. Chauncey, Esq.

Alexander DeGance Barnett, Riverside Avenue

Jacksonville, FL 32204


Lawrence P. Stevenson, Administrative Law Judge, DOAH James Mallue, Legal Advisor for Commission Panel


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


By:

Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 16-001909
Issue Date Proceedings
Sep. 30, 2016 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practicefiled.
Aug. 04, 2016 Recommended Order cover letter identifying the hearing record referred to the Agency.
Aug. 04, 2016 Recommended Order (hearing held June 8, 2016). CASE CLOSED.
Jul. 18, 2016 (Petitioner's Proposed) Final Order filed.
Jul. 15, 2016 Respondent's Proposed Recommended Order filed.
Jul. 05, 2016 Transcript of Testimony and Proceedings filed.
Jun. 08, 2016 CASE STATUS: Hearing Held.
Jun. 03, 2016 Court Reporter Request (Precision not available) filed.
May 27, 2016 Joint Pretrial Stipulation filed.
May 25, 2016 Court Reporter Request filed.
May 18, 2016 Notice of Transfer.
Apr. 27, 2016 Notice of Hearing (hearing set for June 8, 2016; 9:00 a.m.; Jacksonville, FL).
Apr. 27, 2016 Order of Pre-hearing Instructions.
Apr. 26, 2016 Petitioner's Notice of Compliance with Initial Order (signed) filed.
Apr. 26, 2016 Petitoner's Notice of Compliance with Initial Order filed.
Apr. 22, 2016 Notice of Compliance with Initial Order filed.
Apr. 22, 2016 Notice of Appearance (David Chauncey) filed.
Apr. 05, 2016 Initial Order.
Apr. 04, 2016 Employment Complaint of Discrimination filed.
Apr. 04, 2016 Notice of Dismissal filed.
Apr. 04, 2016 Election of Rights filed.
Apr. 04, 2016 Petition for Relief filed.
Apr. 04, 2016 Agency referral letter filed.

Orders for Case No: 16-001909
Issue Date Document Summary
Sep. 29, 2016 Agency Final Order
Aug. 04, 2016 Recommended Order Petitioner failed to establish that he was sexually harassed by his male supervisor or that he was subjected to retaliation for reporting the harassment.
Source:  Florida - Division of Administrative Hearings

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