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Home / Complaints / Final Orders / Final Orders 2013 / FCHR Order No. 13-062

FCHR Order No. 13-062

Date of Release: 09/12/2013

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

 

TENESIA WHITESIDE

EEOC Case No.

15D201300133

 

Petitioner

FCHR Case No.

2013-00092

 

v.

DOAH Case No.

13-1504

 

EXCEL BUILDING SERVICES

FCHR Order No. 13-062

 

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

This matter is before the Commission for consideration of the Recommended Order, dated July 26, 2013, issued in the above-styled matter by Administrative Law Judge John D. C. Newton, II.

Findings of Fact and Conclusions of Law

Judge Newton’s order reflects that Petitioner failed to appear at the scheduled administrative hearing in the case. Further, Judge Newton’s order states that Petitioner “has not proven her claim by the preponderance of the evidence.” Consequently, the order recommends that the Commission issue a final order denying the Petition for Relief.

Commission panels have concluded that when a Petitioner fails to appear at the scheduled administrative hearing in their case, they fail to meet their burden of proof, and the Petition for Relief should be dismissed. See, e.g., Bullard v. Lowry Group Properties, Inc., et al., FCHR Order No. 13-011 (February 26, 2013), Goldenberg v. Department of Corrections, FCHR Order No. 12-051 (September 17, 2012), Dotson v. Department of Financial Services, FCHR Order No. 11-034 (April 13, 2011), Patterson v. Panama City Housing Authority, FCHR Order No. 11-001 (January 13, 2011), Crump v. The Majestic Tower at Bal Harbour, FCHR Order No. 10-072 (September 21, 2010), Bermudez v. Lake County Housing Authority, FCHR Order No. 10-041 (April 27, 2010), Cowden v. Difiglio, et al., FCHR Order No. 09-115 (December 14, 2009), Scott v. Two Men and a Truck, FCHR Order No. 09-009 (January 27, 2009), Enzor v. Sandco, Inc., FCHR Order No. 08-048 (July 29, 2008), Rodriguez v. Center Point Health and Rehab, FCHR Order No. 08-001 (January 14, 2008), West v. Sembler Corporation, d/b/a Bay Walk, FCHR Order No. 07-037 (June 15, 2007), Martinez v. KJC Enterprises, d/b/a Plantation Island Resort, FCHR Order No. 07-028 (April 20, 2007), Chaney, et al. v. Robert Buckner & Associates, FCHR Order No. 06-092 (November 13, 2006), and Prek v. Workforce Central Florida, FCHR Order No. 06-079 (September 18, 2006).

FCHR Order No. 13-062

Page 2

We adopt the Administrative Law Judge’s finding as to the nonappearance of Petitioner and conclude that Petitioner has failed to carry her burden of proof.

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

DONE AND ORDERED this 12th day of September , 2013.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michael Keller; and

Commissioner Lizzette Romano

Filed this 12th day of September , 2013,

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. 13-062

Page 3

Copies furnished to:

Tenesia Whiteside

1010 State Road 60 East, Apt. 2

Lake Wales, FL 33853

Excel Building Services

c/o Angela Mason-Reimer, Esq.

Mason-Reimer, P.A.

8875 Hidden River Parkway, Suite 300

Tampa, FL 33637

John D. C. Newton, II, 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 12th day of September , 2013.

By: /s/

Clerk of the Commission

Florida Commission on Human Relations