STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

EZEKIEL DALEY, EEOC Case No. NONE

Petitioner, FCHR Case No.

v. DOAH No.

ZACHRY INDUSTRIAL, INC., FCHR Order No. 17-020

Respondent.

/

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Ezekiel Daley filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes alleging that Respondent Zachry Industrial, Inc., unlawful employment practice on the bases of Petitioner's race (Black), color (Black), national origin (Jamaican) and age (DOB: 1 -4-50) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on June 28,

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 by video teleconference at sites in West Palm Beach and Tallahassee, Florida, on October 27, before Administrative Law Judge Darren A. Schwartz.

Judge Schwartz issued a Recommended Order of dismissal, dated December

2016.

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 March 2, 2017 2:29 PM Division of Administrative Hearings

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.

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 and in the Florida Rules of Appellate Procedure

DONE AND ORDERED this day ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

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

Commissioner Gilbert M . Singer

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:

Ezekiel Daley

Elaine Circle West

West Palm Beach, FL 33409

Zachry Industrial, Inc.

c/o Carlos L. Perez, SPHR, SHRM-SCP Dispute Resolution Manager

527 Logwood

San Antonio, TX 78221

Darren A. Schwartz, 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 of

Clerk ofthe

Florida Commission on Human Relations

Docket for Case No: 16-004411

Orders for Case No: 16-004411