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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-044

FCHR Order No. 12-044

Date of Release: 08/29/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

BABAK SHARIFZADEH

 

EEOC Case No. 15D201100501

Petitioner

 

FCHR Case No. 2011-02213

   

DOAH Case No. 12-0885

v.

 

FCHR Order No. 12-044

     

PUBLIX SUPER MARKETS

   

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Babak Sharifzadeh filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2011), alleging that Respondent Publix Super Markets committed unlawful employment practices on the bases of Petitioner’s National Origin (Iranian) and religion (Muslim / Moslem) by treating Petitioner differently and by creating a hostile work environment for Petitioner, and on the basis of retaliation by allegedly terminating Petitioner for complaining about the discriminatory treatment.

The allegations set forth in the complaint were investigated, and, on February 16, 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 Orlando, Florida, on May 10, 2012, before Administrative Law Judge R. Bruce McKibben.

Judge McKibben issued a Recommended Order of dismissal, dated June 15, 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

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. 12-044

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 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.

_____________/s/_________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 12-044

Page 3

Copies furnished to:

Babak Sharifzadeh

3453 Paisley Circle

Orlando, FL 32817

Publix Super Markets

c/o Aisha S. Sanchez, Esq.

Ford & Harrison, LLP

101 East Kennedy Boulevard, Suite 900

Tampa, FL 33602

Publix Super Markets

c/o William S. Reese, Esq.

Lane, Reese, Summers, Ennis and Perdomo, P.A.

2600 Douglas Road, Suite 304

Coral Gables, FL 33134

R. Bruce McKibben, 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