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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-032

FCHR Order No. 09-032

Date of Release: 04/09/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

ESKER BOBO

EEOC Case No. 15D200800598

Petitioner

 

v.

FCHR Case No. 2008-01708

   

FIRST STUDENT, INC.

DOAH Case No. 08-4573

Respondent

FCHR Order No. 09-032

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Esker Bobo 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 First Student, Inc., committed unlawful employment practices on the basis of Petitioner’s race (Black) by subjecting Petitioner to disparate terms and conditions of employment, by denying Petitioner wages, and by denying Petitioner promotion.

The allegations set forth in the complaint were investigated, and, on August 14, 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 Milton, Florida, on November 17, 2008, before Administrative Law Judge Ella Jane P. Davis.

Judge Davis issued a Recommended Order of dismissal, dated February 6, 2009.

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. 09-032

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.

Following issuance of the Recommended Order, Petitioner submitted a letter and attachment to Judge Davis and later sent the letter and attachment, along with a cover letter, to the Commission. The filing appears to have been received by Judge Davis on February 19, 2009, and the filing was received by the Commission on February 25, 2009, and was published in the record and to the parties by the Commission under a Notice of Ex Parte Communication, dated March 11, 2009. While the document generally objects to the Administrative Law Judge’s recommendation to the Commission, the document also seeks to enter into the record a document (the attachment) that was not admitted before the Administrative Law Judge.

We decline to consider this document as an “exceptions” document. Accord, generally, Hurtado v. North Florida Rehab and Specialty Care, FCHR Order No. 08-047 (July 29, 2008) in which a Commission panel declined to consider as an “exceptions” document a filing which sought to place into the record a letter that was not admitted into evidence by the Administrative Law Judge.

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 9th day of April , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Onelia A. Fajardo, Panel Chairperson;

Commissioner Watson Haynes, II; and

Commissioner Anice R. Prosser

FCHR Order No. 09-032

Page 3

Filed this 9th day of April , 2009,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

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:

Esker Bobo

2107 Ortega Street

Navarre, FL 32566

First Student, Inc.

c/o Kimberly D. Webb, Esq.

Littler Mendelson, P.C.

111 North Magnolia Avenue, Suite 1250

Orlando, FL 32801

Ella Jane P. Davis, 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 9th day of April , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations