STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

TESHEKIA D. CARR, EEOC Case No. NONE

Petitioner, FCHR Case No. 2015-01285

v. No.

SOUTHERN WINE AND SPIRITS, FCHR Order No. 16-044

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Teshekia D. Carr filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2013), alleging that Respondent Southern Wine and Spirits committed unlawful employment practices on the bases of Petitioner's race (African American), color and sex (female). Petitioner alleged that she had been sexually harassed and harassed on the basis of her race, as well as being terminated from employment on the bases of her race and sex and on the basis of retaliation.

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

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.

The case was assigned to Administrative Law Judge D. R. Alexander.

Judge Alexander issued a Recommended Order of Dismissal, dated June 20, 2016, in response to Respondent's motion to dismiss, in which Judge Alexander found that the Petition for Relief was untimely filed.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order of Dismissal.

Findings of Fact

We find the Administrative Law Judge's findings of fact set out in the Recommended Order of Dismissal to be supported by competent substantial evidence.

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

Filed September 8, 2016 4:31 PM Division of Administrative Hearings

FCHR Order No. 16-044

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 set out in the Recommended Order of Dismissal.

Exceptions

Petitioner filed exceptions to the Administrative Law Judge's Recommended Order of Dismissal.

Respondent filed a response to Petitioner's exceptions.

Generally, it can be said that Petitioner's exceptions document excepts to the Administrative Law Judge's recommendation that the case be dismissed because the Petition for Relief was not timely filed.

We agree with the reasoning of the Administrative Law Judge contained in the Recommended Order of Dismissal, including that contained in endnote 1 of the Recommended Order of Dismissal, that Petitioner's Petition for Relief was untimely.

The applicable statutory section states, "The aggrieved person may request an administrative hearing under ss. and but any such request must be made within days of the date of determination of reasonable cause... I f the aggrieved person does not request an administrative hearing within the 35 days, the claim will be barred." Section (7), Florida Statutes

As clearly reflected in the statute, the 35-day time period begins to run as of the "date" of the determination, not as of the date the determination is mailed.

In the instant case, the date of the determination is April and the date the Petition for Relief was received by the Commission is May 25, 36 days later.

Accordingly, pursuant to the statute, "the claim will be barred." Petitioner's exceptions are rejected.

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

FCHR Order No. 16-044 3

DONE AND ORDERED this day ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson; Commissioner Jay Pichard; and

Commissioner Sandra Turner

Filed this day of , in Tallahassee,

Clerk

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

Copies furnished to:

Teshekia D. Carr 8348 Road

Lakeland, FL 33810

Southern Wine and Spirits

c/o Christopher J. Maranges, Esq.

Korshak, Kracoff, Kong & Sugano, LLP

2999 Northeast 191s t St., Ste. 330 Aventura, FL

D. 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 listed addressees this day of ,

By:

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 16-002919

Orders for Case No: 16-002919