STATE OF FLORIDA COMMISSION ON HUMA N RELATIONS

MAURIC E G. HARGROVE, SR., EEOC No.

Petitioner, FCHR Case No.

v. DOA H No. 16-3635

AMERICA N STAFF MANAGEMENT , INC., FCHR Order No.

Respondent.

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Maurice G. Hargrove, Sr., filed a complaint o f discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes (2014), alleging that Respondent American Staff Management, Inc., committed unlawful employment practices on the basis o f Petitioner's disability by failing to provide Petitioner a reasonable accommodation and by terminating Petitioner from employment.

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

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 o f a formal proceeding.

The matter was assigned to Administrative Law Judge Garnett W. Chisenhall. Prior to an evidentiary hearing in the case, Judge Chisenhall considered

Respondent's motion to dismiss.

In response to Respondent's motion to dismiss, Judge Chisenhall issued a Recommended Order o f Dismissal, dated September 28, 2016, finding that by executing a "General Release of Al l Claims," Petitioner released Respondent from the claim that was the basis of Petitioner's charge of discrimination.

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 o f Fact

We find the Administrative Law Judge's findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge's findings o f fact.

Filed December 8, 2016 1:54 PM Division of Administrative Hearings

Conclusions o f 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 o f Dismissal.

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

The parties have the right to seek judicial review o f 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 o f the Commission. Explanation of the right to appeal is found in Section Florida Statutes, and in the Florida Rules o f Appellate Procedure

DONE AN D ORDERED this day of .

FOR THE FLORIDA COMMISSION ON HUMA N RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Derick Daniel; and

Commissioner Gilbert M . Singer

, 2016,

in Tallahassee, Florida.

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

(850) 488-7082

Copies furnished to:

Maurice G. Hargrove, Sr.

Sunny Hills Boulevard Chipley,FL 32428

American Staff Management, Inc. c/o Amy M . Darby, Esq.

Gordon & Rees, LLP

400 N . Tampa St., Ste. 2800 Tampa, FL 33602

Garnett W. Chisenhall, Administrative Law Judge, DOA H James Mallue, Legal Advisor for Commission Panel

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

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 16-003635

Orders for Case No: 16-003635