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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-017

FCHR Order No. 09-017

Date of Release: 03/17/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

CRAIG TAPPER

EEOC Case No. 15D200800387

Petitioner

 

v.

FCHR Case No. 2008-00906

   

PUBLIX, INC.

DOAH Case No. 08-3720

Respondent

FCHR Order No. 09-017

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Craig Tapper filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2007), alleging that Respondent Publix, Inc., committed unlawful employment practices on the bases of Petitioner’s race (Black) and National Origin (Jamaican), and on the basis of retaliation, by subjecting Petitioner to harassment, intimidation, discharge, and, after Petitioner’s discharge, by failing to rehire Petitioner and giving unfavorable references.

The allegations set forth in the complaint were investigated, and, on June 25, 2008, 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 Orlando, Florida, on October 7, 2008, before Administrative Law Judge Jeff B. Clark.

Judge Clark issued a Recommended Order of dismissal, dated December 15, 2008.

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.

FCHR Order No. 09-017

Page 2

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 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 6th day of March , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Anice R. Prosser, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Mario M. Valle

Filed this 6th day of March , 2009,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 09-017

Page 3

NOTICE TO COMPLAINANT / PETITIONER

As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission’s final agency action. To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order. Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131.

Copies furnished to:

Craig Tapper

c/o Jerry Girley, Esq.

The Girley Law Firm

125 East Marks Street

Orlando, FL 32803

Publix, Inc.

c/o William Stuart Reese, Esq.

Lane, Reese, Summers, Ennis

and Perdomo, P.A.

2600 Douglas Road, Suite 304

Coral Gables, FL 33134

Publix, Inc.

c/o Bridgett D. Escobar, Esq.

Ford and Harrison, LLP

101 East Kennedy Boulevard, Suite 900

Tampa, FL 33602

Jeff B. Clark, 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 6th day of March , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations