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Home / Complaints / Final Orders / Final Orders 2014 / FCHR Order No. 14-004

FCHR Order No. 14-004

Date of Release: 02/19/2014

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

GILBERT GRIFFIN

EEOC Case No. 15D201300262

Petitioner

FCHR Case No. 2013-00721

v.

DOAH Case No. 13-2959

RANDSTAD STAFFING AGENCY

FCHR Order No. 14-004

Respondent

 
   

GILBERT GRIFFIN

EEOC Case No. 15D20130268

Petitioner

FCHR Case No. 2013-00757

v.

DOAH Case No. 1302960

BANK OF AMERICA

FCHR Order No. 14-004

Respondent

 

FINAL ORDER DISMISSING PETITIONS FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Gilbert Griffin filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2012), alleging that Respondent Randstad Staffing Agency committed unlawful employment practices on the basis of Petitioner’s race (Black), and on the basis of retaliation, by failing to hire Petitioner for positions for which he had applied.

The allegations set forth in the complaint were investigated, and, on August 2, 2013, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner Gilbert Griffin filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2012), alleging that Respondent Bank of America committed unlawful employment practices on the basis of Petitioner’s race (Black), and on the basis of retaliation, by failing to hire Petitioner for positions for which he had applied.

The allegations set forth in the complaint were investigated, and, on August 6, 2013, the Executive Director issued a determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

FCHR Order No. 14-004

Page 2

Petitioner filed Petitions for Relief and the cases were transmitted to the Division of Administrative Hearings for the conduct of formal proceedings.

The Division of Administrative Hearings consolidated the cases for the purposes of final hearing and the issuance of a Recommended Order.

An evidentiary hearing was held by teleconference on October 25, 2013, before Administrative Law Judge Todd P. Resavage.

Judge Resavage issued a Recommended Order of dismissal, dated December 12, 2013.

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.

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

None of the parties filed exceptions to the Administrative Law Judge’s Recommended Order.

Dismissal

The Petitions for Relief and Complaints 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 19th day of February , 2014.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

FCHR Order No. 14-004

Page 3

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Onelia Fajardo-Garcia; and

Commissioner Gilbert M. Singer

Filed this 19th day of February , 2014,

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:

Gilbert Griffin

3401 Northwest 47th Avenue, Apt. 412

Lauderdale Lakes, FL 33319

Randstad Staffing Agency

c/o Jana L. Korhonen, Esq.

Troutman Sanders, LLP

Bank of America Plaza, Suite 5200

600 Peachtree Street, Northeast

Atlanta, GA 30308

Bank of America

c/o Audrey Y. Dupont, Esq.

Bressler, Amery & Ross, P.C.

Wells Fargo Tower, Suite 2200

420 20th Street, North

Birmingham, AL 35203

Todd P. Resavage, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

FCHR Order No. 14-004

Page 4

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 19th day of February , 2014.

By: ___________/s/_____________

Clerk of the Commission

Florida Commission on Human Relations