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RYAN POUGH vs SOLER AND PALAU, 16-005042 (2016)

Court: Division of Administrative Hearings, Florida Number: 16-005042 Visitors: 29
Petitioner: RYAN POUGH
Respondent: SOLER AND PALAU
Judges: LAWRENCE P. STEVENSON
Agency: Florida Commission on Human Relations
Locations: Jacksonville, Florida
Filed: Aug. 31, 2016
Status: Closed
Recommended Order on Tuesday, March 21, 2017.

Latest Update: May 25, 2017
Summary: The issue is whether Respondent, Soler and Palau USA Ventilation Systems, LLC (“Soler & Palau”), discriminated against Petitioner based upon his race or color, in violation of section 760.10, Florida Statutes (2016).2/Petitioner failed to make a prima facie case of employment discrimination; he was fired for poor performance, not because of his race or color.
TempHtml


STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS


RYAN POUGH, EEOC No.


Petitioner, FCHR Case No.


v. DOAH No. 16-5042


SOLER AND PALAU USA VENTILATION SYSTEMS, LLC,

FCHR Order No.


Respondent.

/


FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E


Preliminary Matters


Petitioner Ryan Pough filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes alleging that Respondent and USA Ventilation Systems, LLC, committed unlawful employment practices on the bases of Petitioner's race (Black) and color (Black) by assigning Petitioner more work duties than Petitioner's co-workers and by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on July 20,

the Executive Director issued a 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 Jacksonville, Florida, on November 8, before Law Judge Lawrence P. Stevenson.

Judge Stevenson issued a Recommended Order of dismissal, dated March 21,

2017.

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 1:10 PM 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 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 day of ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:


Commissioner Tony Jenkins, Panel Chairperson; Commissioner Donna 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:


Ryan Pough

Harts Road, Apt.

Jacksonville, FL 32218


and USA Ventilation Systems, LLC

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 CERTIFY that a copy of the foregoing has been mailed to the above


Clerk of the Commission

Florida Commission on Human Relations


Docket for Case No: 16-005042
Issue Date Proceedings
May 25, 2017 Agency Final Order Dismissing Petition for Relief from an Unlawful Employment Practice filed.
Mar. 21, 2017 Recommended Order (hearing held November 8, 2016). CASE CLOSED.
Mar. 21, 2017 Recommended Order cover letter identifying the hearing record referred to the Agency.
Dec. 21, 2016 Notice of Ex-parte Communication.
Dec. 21, 2016 Respondent's Proposed Recommended Order filed.
Dec. 20, 2016 Letter to Judge Stevenson from Ryan Pough filed.
Dec. 13, 2016 Order Granting Extension.
Dec. 07, 2016 Respondent's Unopposed Motion For Extension of Time to Submit Proposed Recommended Orders filed.
Nov. 29, 2016 Transcript of Proceedings (not available for viewing) filed.
Nov. 08, 2016 CASE STATUS: Hearing Held.
Nov. 02, 2016 Court Reporter ReSchedule filed.
Nov. 02, 2016 Order Granting Continuance and Re-scheduling Hearing (hearing set for November 8, 2016; 9:30 a.m.; Jacksonville, FL; amended as to ).
Nov. 02, 2016 Notice of Ex-parte Communication.
Nov. 02, 2016 Letter from Ryan Pough requesting a continuance, or hearing by phone filed.
Oct. 27, 2016 Joint Pre-hearing Stipulation (with attachments) filed.
Oct. 27, 2016 Court Reporter Request filed.
Oct. 27, 2016 Soler and Palau's Witness List filed.
Sep. 14, 2016 Order of Pre-hearing Instructions.
Sep. 14, 2016 Notice of Hearing (hearing set for November 3, 2016; 9:30 a.m.; Jacksonville, FL).
Sep. 13, 2016 Notice of Compliance with Initial Order filed.
Sep. 01, 2016 Initial Order.
Aug. 31, 2016 Employment Charge of Discrimination filed.
Aug. 31, 2016 Notice of Determination: No Reasonable Cause filed.
Aug. 31, 2016 Determination: No Reasonable Cause filed.
Aug. 31, 2016 Petition for Relief filed.
Aug. 31, 2016 Transmittal of Petition filed by the Agency.

Orders for Case No: 16-005042
Issue Date Document Summary
May 25, 2017 Agency Final Order
Mar. 21, 2017 Recommended Order Petitioner failed to make a prima facie case of employment discrimination; he was fired for poor performance, not because of his race or color.
Source:  Florida - Division of Administrative Hearings

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