STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

VINSON, EEOC Case No. NONE

Petitioner, FCHR Case No.

v. DOAH No. 16-4123

HIGBEE COMPANY, d/b/a DILLARD'S, FCHR Order No. 17-037

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Janice Vinson filed a complaint of discrimination pursuant to the Florida Civil Rights Act of Sections 760.01 - Florida Statutes (2014), alleging that Respondent Higbee Company, Dillard's, committed unlawful employment practices on the bases of Petitioner's race (African American) and age, and on the basis of retaliation, by subjecting Petitioner to terms and conditions of employment different from those applied to employees outside Petitioner's protected classes 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 of a formal proceeding.

An evidentiary hearing was held in Gainesville, Florida, on January before Administrative Law Judge Yolanda Y. Green.

Judge Green issued a Recommended Order of dismissal, dated March 20,

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 find 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 May 25, 2017 1:09 PM Division of Administrative Hearings

FCHR Order No. Page 2

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

-f

DONE AND ORDERED this day , 2017. FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson; Commissioner Donna and

Commissioner Gilbert M . Singer

Filed day of fo'ky , in Tallahassee, Florida.

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

(850) 488-7082

FCHR Order No. 17-037 3

Copies furnished to:

Janice Vinson

c/o D. Franklin, Esq.

D. Franklin,

204 West University Ave., Ste. 3

Gainesville, FL 32601

Higbee Company, Dillard's c/o Christopher W. Deering, Esq. Ogletree, Deakins, Nash,

& Stewart,

420 20t h Street North, Ste. Birmingham, A L 35203

Yolanda Y. Green, 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

Florida Commission on Human Relations

Docket for Case No: 16-004123

Orders for Case No: 16-004123