STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

RHONDA R. WILKINSON, EEOC Case No.

Petitioner, FCHR Case No.

v. DOAH No. 16-5773

PUBLIX SUPER MARKETS, INC., FCHR Order No.

Respondent.

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Rhonda R. Wilkinson filed a complaint of discrimination pursuant to the Florida Civil Rights Act of Sections 760.01 - Florida Statutes

alleging that Respondent Publix Super Markets, Inc., committed an unlawful employment practice on the basis of Petitioner's sex (female) by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on August 29, 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 Panama City and Tallahassee, Florida, on November before Administrative Law Judge Suzanne Van Wyk.

Judge Van Wyk issued a Recommended Order of dismissal, dated January

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 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 30, 2017 3:13 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 Statutes, and in the Florida Rules of Appellate Procedure

AND ORDERED this day of ,

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

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

Commissioner Sandra Turner

Filed day of in Tallahassee, Florida.

Clerk

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

(850) 488-7082

Copies furnished to:

Rhonda R. Wilkinson

c/o Robert L. Thirston, II , Esq. Thirston Law Office

Post Office Box Panama City Beach, FL

Publix Super Markets, Inc. c/o Tammy L. Rattray, Esq. Ford & Harrison, LLP

East Kennedy Boulevard, Ste. 900 Tampa, FL 33602

Suzanne Van Wyk, 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 'jHThAf/L

By:

Clerk of the

Florida Commission on Human Relations

Docket for Case No: 16-005773

Orders for Case No: 16-005773