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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-045

FCHR Order No. 13-045

Date of Release: 06/19/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

ALBERT BALZANTI

EEOC Case No. NONE

 

Petitioner

FCHR Case No. 2012-02431

   

DOAH Case No. 13-0814

 

v.

FCHR Order No. 13-045

 

SHARED SOLUTIONS AND SERVICES, INC. / ARROW ELECTRONICS

 
 

Respondent

 
     

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Recommended Order of Dismissal, dated April 12, 2013, issued in the above-styled matter by Administrative Law Judge Robert E. Meale.

Findings of Fact and Conclusions of Law

Judge Meale’s order reflects that the matter was before him on Respondent’s Motion to Relinquish Jurisdiction and Memorandum of Law. Judge Meale’s order reflects that Respondent contends that the case should be dismissed because Petitioner executed a release that released the claim set forth in the Petition for Relief, and that Petitioner contends that Petitioner should not be held to the release because Petitioner was not aware of the discriminatory act until after the termination of his employment. Judge Meale’s order recommends that the Commission enter an order dismissing the Petition for Relief because “the [r]elease precludes Petitioner’s prosecution of this proceeding.”

We note that in a case in which the Administrative Law Judge concluded that the Division of Administrative hearings “has no authority to interpret, enforce, or nullify a private contract,” a Commission panel stated, “If as suggested by [Keeley v. Millers Super Value Store, FCHR Order No. 03-057 (July 24, 2003)] and [McShane v. Brevard County Sheriff’s Office, FCHR Order No. 03-040 (July 3, 2003)]…the Commission is without jurisdiction to enforce settlement agreements entered into in cases brought pursuant to the Florida Civil Rights Act of 1992, in our view, it would logically follow that the Commission is without jurisdiction to determine the validity of those agreements.” Howard v. Colomer, USA, FCHR Order No. 06-084 (September 18, 2006); accord, Bovea v. Mercantile Commercebank, FCHR Order No. 09-089 (September 22, 2009).

We adopt the Administrative Law Judge’s findings as to the execution and content of the release agreement and conclude that the Complaint of Discrimination and Petition for Relief be dismissed with prejudice.

FCHR Order No. 13-045

Page 2

Exceptions

Neither of the parties filed exceptions to the Administrative Law Judge’s Recommended Order of Dismissal.

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

DONE AND ORDERED this 19th day of June , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Onelia Fajardo-Garcia; and

Commissioner Michell Long

Filed this 19th day of June , 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:

Albert Balzanti

4857 Northwest 93rd Avenue

Sunrise, FL 33351

FCHR Order No. 13-045

Page 3

Shared Solutions and Services, Inc. / Arrow Electronics

c/o Holly A. Dincman, Esq.

c/o Melissa F. Sale, Esq.

Coppins, Monroe, Adkins & Dincman, P.A.

1319 Thomaswood Drive

Tallahassee, FL 32308

Robert E. Meale, 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 19th day of June , 2013.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations