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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-017

FCHR Order No. 13-017

Date of Release: 03/11/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

JAVIER I. NEPTON

EEOC Case No. 510201201794

Petitioner

FCHR Case No. 2012-01550

 

DOAH Case No. 12-2955

v.

 

COMPLETE COLLECTION SERVICE OF FLORIDA

FCHR Order No. 13-017

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Javier I. Nepton 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 Complete Collection Service of Florida committed unlawful employment practices on the basis of Petitioner’s National Origin (Hispanic) by subjecting Petitioner to a hostile work environment, and on the basis of retaliation by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on August 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 by video teleconference at sites in Lauderdale Lakes and Tallahassee, Florida, on November 15, 2012, before Administrative Law Judge Jessica E. Varn.

Judge Varn issued a Recommended Order of dismissal, dated December 19, 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

FCHR Order No. 13-017

Page 2

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. 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

Petitioner filed exceptions to the Administrative Law Judge’s Recommended Order in a letter to the Clerk of the Commission, dated December 23, 2012, and received by the Commission on or about January 7, 2013.

There is no indication on the document that it was provided to the Respondent as is required by Fla. Admin. Code R. 28-106.104(4) and Fla. Admin. Code R. 28-106.110. However, the Commission published the document to the Respondent, and placed the document in the record of this case, through the issuance of a notice of ex parte communication, mailed to the parties on January 15, 2013.

The exception document seems to request that Respondent be ordered to engage in mediation to resolve the case.

While the Commission has the authority to provide voluntary mediation services, the Commission does not have the authority to order the parties to participate in mediation. See Fla. Admin. Code R. 60Y-2.004(3)(e).

Petitioner’s exception is rejected.

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

FCHR Order No. 13-017

Page 3

to appeal is found in Section 120.68, Florida Statutes, and in the Florida Rules of Appellate Procedure 9.110.

DONE AND ORDERED this 11th day of March , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo-Garcia; and

Commissioner Michell Long

Filed this 11th day of March , 2013,

in Tallahassee, Florida.

___________/s/____________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

Copies furnished to:

Javier I. Nepton

Post Office Box 574

Fort Lauderdale, FL 33302

Complete Collection Service of Florida

c/o Samantha Singer

4833 North Dixie Highway

Fort Lauderdale, FL 33334

Jessica E. Varn, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

FCHR Order No. 13-017

Page 4

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 11th day of March , 2013.

By: ___________/s/_________

Clerk of the Commission

Florida Commission on Human Relations