STATE OF FLORIDA COMMISSION ON HUMAN RELATIONS

MONICA SCOPEL, EEOC Case No. NONE

Petitioner. FCHR Case No.

v. DOAH No. 17-0445

EVENTS BY PREMIER, FCHR Order No. 17-052

Respondent.

FINAL ORDER DISMISSING PETITIO N FOR

RELIE F FROM AN UNLAWFUL EMPLOYMENT PRACTIC E

Preliminary Matters

Petitioner Monica Scopel filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - Florida Statutes

alleging that Respondent Events by Premier committed an unlawful employment practice on the basis of Petitioner's marital status by Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on December 20, the Executive Director issued a detennination 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 fonnal proceeding.

An evidentiary hearing was held by video teleconference at sites in Lauderdale Lakes and Tallahassee, Florida, on March 9, before Administrative Law Judge Robert L. Kilbride.

Judge Kilbride issued a Recommended Order of dismissal, dated May 4,

The Commission panel designated below considered the record of this matter and detennined 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 July 13, 2017 1:00 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

Petitioner filed exceptions to the Administrative Law Judge's Recommended Order, received by the Division of Administrative Hearings and the Commission on or about 5,

The exceptions document contains six numbered paragraphs.

These numbered paragraphs each except to inferences drawn by the Administrative Law Judge from the evidence presented. The six numbered paragraphs except to the following numbered paragraphs of the Recommended Order: 7, 8, 38, 39, 40

and 41.

The Commission has stated, "It is well settled that it is the Administrative Law Judge's function 'to consider all of the evidence presented and reach ultimate conclusions of fact based on competent substantial evidence by resolving conflicts, judging the credibility of witnesses and drawing permissible inferences therefrom. If the evidence presented supports two inconsistent findings, it is the Administrative Law Judge's role to decide between them.' Beckton v. Department of Children and Family Services,

F.A.L.R. at (FCHR 1998), citing Maggio v. Martin Marietta Aerospace, 9

F.A.L.R. 2168, at 2171 (FCHR 1986)." Barr v. Columbia Regional Medical Center. 22 F.A.L.R. at (FCHR 1999). Accord, Bowles v. Jackson County Hospital Corporation. FCHR Order No. (December 6, 2005), Eaves v.

Central Florida Portfolio. LLC. FCHR Order No. -029 (March and Taylor v. Universal Studios. FCHR Order No. (March 26,

In addition, it has been stated, "The ultimate question of the existence of discrimination is a question of fact." Florida Department of Community Affairs v. Bryant. 586 So. 2d at 1209 (Fla. DCA 1991). Accord. Coley v. Bay County Board of County Commissioners. FCHR Order No. (March

supra, and Taylor, supra.

Petitioner's exceptions are rejected.

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 , FOR THE FLORIDA COMMISSION ON RELATIONS:

Commissioner Rebecca Steele, Panel Chairperson; Commissioner Donna and

Commissioner Jay Pichard

this ,

in Tallahassee,

Clerk

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

Copies furnished to:

Monica Scopel c/o Robin Kwait 245 NW 40t h Ave.

Delray Beach, FL 33445

Events by Premier

c/o Jesus E. Cuza, Esq. Holland & Knight LLP

Brickell Avenue, Suite 3300 Miami, FL

Robert L. Kilbride, Administrative Law Judge, DOAH James Mailue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a the foregoing has been mailed to the above listed addressees this day

By:

Clerk of the Commission

Florida Commission on Human Relations

Docket for Case No: 17-000445

Orders for Case No: 17-000445