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Home / Complaints / Final Orders / Final Orders 2014 / FCHR Order No. 14-016

FCHR Order No. 14-016

Date of Release: 05/21/2014

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

BASHAWN BROOKS

EEOC Case No.

15D201200388

Petitioner

FCHR Case No.

2012-01607

v.

DOAH Case No.

13-2711

SUNTRUST BANK

FCHR Order No. 14-016

Respondent

 

F

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Bashawn Brooks 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 SunTrust Bank committed unlawful employment practices on the bases of Petitioner’s race (African-American) and color (Black) by failing to promote Petitioner.

The allegations set forth in the complaint were investigated, and, on July 1, 2013, 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 Ocala, Florida, on September 27 and November 7, 2013, before Administrative Law Judge Suzanne Van Wyk.

Judge Van Wyk issued a Recommended Order of dismissal, dated March 4, 2014.

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. 14-016

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 21th day of May , 2014.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Derick Daniel; and

Commissioner Onelia Fajardo-Garcia

Filed this 21th day of May , 2014,

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. 14-016

Page 3

Copies furnished to:

Bashawn Brooks

87 Pine Course

Ocala, FL 34472

SunTrust Bank

c/o David A. Young, Esq.

c/o Caryn Shaw, Esq.

Fisher & Phillips, LLP

200 South Orange Avenue, Suite 1100

Orlando, FL 32801

Suzanne Van Wyk, 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 21th day of May , 2014.

By: __________/s/______________

Clerk of the Commission

Florida Commission on Human Relations