Skip to Main Content. Please Contact Us if there is anything we can do to improve the Accessibility of this site.
  • Search:


Home / Complaints / Final Orders / Final Orders 1999 / FCHR Order No. 99-037

STATE OF FLORIDA
COMMISSION ON HUMAN RELATIONS

Jeffrey S. Wytrwal, Petitioner,
V.
Waste Management of Putnam, Respondent
EEOC Case No. 15D980094
FCHR Case No. 98-0666
DOAH Case No. 99-1782
FCHR Order No. 99-037
FINAL ORDER DISMISSING REQUEST FOR
RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters
Petitioner
Jeffrey S. Wytrwal filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (1997), alleging that Respondent Waste Management of Putnam County committed an unlawful employment practice on the basis of Petitioner's alleged disability (knee problems). Petitioner alleged that Respondent unlawfully failed to provide him a light duty assignment.
Petitioner
requested an administrative hearing, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.
An
evidentiary hearing was held in Palatka, Florida, on August 5, 1999, before Administrative Law Judge Donald R. Alexander.
Judge
Alexander issued a Recommended Order of dismissal, dated August 31, 1999.
Pursuant
to notice, public deliberations were held on December 1, 1999, by means of Communications Media Technology (namely, telephone) before this panel of Commissioners. The public access point for these telephonic deliberations was the Office of the Florida Commission on Human Relations, 325 John Knox Road, Building F, Suite 240, Tallahassee, Florida, 32303-4149. At these deliberations, the Commission panel determined the action to be taken on the Recommended Order.


Finding of Fact

A
transcript of the proceeding before the Administrative Law Judge was not filed with the Commission.
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

Neither
party filed exceptions to the Administrative Law Judge's Recommended Order.


Dismissal

The
Request 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 23rd day of December, 1999.
For The Florida Commission on Human Relations.
  Commissioner Whitfield Jenkins,
Panel Chairperson;
Commissioner Clarethea Brooks; and
Commissioner Chriss Walker
Filed this 23rd day of December, 1999,
in Tallahassee, Florida.
  
  Sharon Moultry
Clerk, Commission on Human Relations
325 John Knox Rd., Bldg. F, Suite 240
Tallahassee, FL 32303-4149
(850) 488-7082

NOTICE TO COMPLAINANT/PETITIONER

As
your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission's final agency action. To secure a "substantial weight review" by EEOC, you must request it in writing within 15 days of your receipt of this Order. Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131.

Copies furnished to:

Jeffrey S. Wytrwal
P.O. Box 701
Satsuma, FL 32189-0701

Joseph P. Shelton, Esq.
1500 Resurgens Plaza
945 East Paces Ferry Road
Atlanta, GA 30326-1125

Donald R. Alexander, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel