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Home / Complaints / Final Orders / Final Orders 2004 / FCHR Order No. 04-159

STATE OF FLORIDA
COMMISSION ON HUMAN RELATIONS

ALEXANDER TABAK,                                                         

 

     Petitioner,                                                                            

 

v.                                                                                              

 

OFFICE DEPOT,                                                                     

                   

Respondent.                                   

EEOC Case No. NONE
FCHR Case No. 22-02851
DOAH Case No. 04-1451
FCHR Order No. 04-159

FINAL ORDER DISMISSING REQUEST FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE


Preliminary Matters

     Petitioner Alexander Tabak filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2001), alleging that Respondent Office Depot committed an unlawful employment practice on the bases of Petitioner’s religion (Judaism), disability (unspecified in complaint), and age (DOB:  6-29-55), and on the basis of retaliation, when it terminated Petitioner from his position.

          The allegations set forth in the complaint were investigated, and, on March 12, 2004, the Executive Director issued his 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 Fort Myers, Florida, on July 1, 2004, before Administrative Law Judge Fred L. Buckine.

          Judge Buckine issued a Recommended Order of dismissal, dated October 1, 2004.

          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.

       

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.

          Since we have adopted the Administrative Law Judge’s finding on the merits that no unlawful employment practice occurred, and we herein conclude that no error of law was made by the Administrative Law Judge in reaching this conclusion, we find it unnecessary to either accept or reject the Administrative Law Judge’s conclusion that the Petition for Relief was not timely filed.  See Cesarin v. Dillards, Inc., FCHR Order No. 03-037 (April 29, 2003), wherein a Commission panel made the same determination in similar circumstances as to whether to accept or reject conclusions of law relating to the timeliness of the Petition for Relief; Harris v. Childrens Home Society, FCHR Order No. 04-072 (June 25, 2004); and Cox v. University of Florida, FCHR Order No. 04-145 (November 4, 2004).  See, also, Kalmbacher v. Department of Environmental Protection, 23 F.A.L.R. 3377, at 3378 (FCHR 2001) and Olivera v. City of Hallandale, FCHR Order No. 02-025 (FCHR 2002) where, in both cases, a Commission panel indicated that since the Administrative Law Judge decided the case on the merits, and findings of fact were adopted which found against the Petitioner, it was unnecessary for the Commission to either accept or reject conclusions of law that the complaint in the matter was not timely filed. 

          With these comments, we adopt the Administrative Law Judge’s conclusions of law.

 

Exceptions

 

          Neither party 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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.


Done and Ordered this 23rd day of December, 2004.
For The Florida Commission on Human Relations.

  

Commissioner Rita Craig, Panel Chairperson;

Commissioner Roosevelt Paige; and

Commissioner Mario M. Valle

Filed this 23rd day December, 2004,
in Tallahassee, Florida.

  

  

Violet Crawford, Clerk of the
Commission on Human Relations
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
(850) 488-7082, Ext. 1032

Copies furnished to:

 

Alexander Tabak

214 Southwest 46th Terrace

Cape Coral, FL  33914

 

Office Depot

c/o Joanne B. Lambert, Esq.

Jackson Lewis, LLP

390 North Orange Avenue

Orlando, FL  32801

 

Fred L. Buckine, Administrative Law Judge, DOAH

 

James Mallue, Legal Advisor for Commission Panel

  

Violet Crawford

Clerk of the Commission

Florida Commission on Human Relations