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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-041

FCHR Order No. 12-041

Date of Release: 08/29/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

BRANDY LEE COLWELL

 

EEOC Case No. 15D201100502

Petitioner

 

FCHR Case No. 2011-00845

   

DOAH Case No. 12-1194

v.

 

FCHR Order No. 12-041

     

CRACKER BARREL OLD COUNTRY STORE

   

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Brandy Lee Colwell filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2010), alleging that Respondent Cracker Barrel Old Country Store committed unlawful employment practices on the basis of Petitioner’s race (white) by treating her less favorably than African American employees and by retaliating against Petitioner for complaining about the alleged disparate treatment.

The allegations set forth in the complaint were investigated, and, on February 28, 2012, 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 in Lake City, Florida, on June 7, 2012, before Administrative Law Judge James H. Peterson, III.

Judge Peterson issued a Recommended Order of dismissal, dated June 12, 2012.

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

A transcript of the proceeding before the Administrative Law Judge was not filed with the Commission. In the absence of a transcript of the proceeding before the

Administrative Law Judge, the Recommended Order is the only evidence for the Commission to consider. See National Industries, Inc. v. Commission on Human Relations, et al., 527 So. 2d 894, at 897, 898 (Fla. 5th DCA 1988). Accord, Gantz, et al.

FCHR Order No. 12-041

Page 2

v. Zion’s Hope, Inc., d/b/a Holy Land Experience, FCHR Order No. 11-048 (June 6, 2011), Mack v. Agency for Persons with Disabilities, FCHR Order No. 11-026 (March

17, 2011), Hall v. Villages of West Oaks HOA, FCHR Order No. 08-007 (January 14, 2008), Beach-Gutierrez v. Bay Medical Center, FCHR Order No. 05-011 (January 19, 2005), and Waaser v. Streit’s Motorsports, FCHR Order No. 04-157 (November 30, 2004).

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.

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 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 29th day of August , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner James Johns; and

Commissioner Lizzette Romano

Filed this 29th day of August , 2012,

in Tallahassee, Florida.

FCHR Order No. 12-041

Page 3

______________/s/________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Brandy Lee Colwell

c/o Kris B. Robinson, Esq.

Robinson, Kennon and Kendron, P.A.

582 West Duval Street

Post Office Box 1178

Lake City, FL 32056-1178

Cracker Barrel Old Country Store

c/o Luis A. Santos, Esq.

Ford & Harrison LLP

101 East Kennedy Boulevard, Suite 900

Tampa, FL 33602

James H. Peterson, III, 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 29th day of August , 2012.

By: _______/s/___________________

Clerk of the Commission

Florida Commission on Human Relations