13-004457 Shelia Demons vs. Emerald Grande, Llc Status: Closed Recommended Order on Friday, June 27, 2014.

Summary: Petitioner failed to appear for the hearing she requested, and consequently failed to carry her burden of proving her claim of racial discrimination.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

SHELIA DEMONS,

Petitioner,

vs. Case No. 13 - 4457

EMERALD GRANDE, LLC,

Respondent.

_______________________________/

RECOMMENDED ORDER

Administrative Law Judge W. David Watkins , of the Division

of Administrative Hearings (Division) heard this case, as

noticed, on March 11 , 201 4 , in Fort Walton Beach , Florida.

APPEARANCES

For Petitioner: No appearance

For Respondent: Ginger Barry Boyd, Esquire

Broad and Cassel

4100 Leg endary Drive, Suite 280

Destin , Florida 3 2541

STATEMENT OF THE ISSUE

Did Respondent, Emerald Grande, LLC ( Emerald ), dischar ge

Petitioner, Shelia Demons , on account of her race in violation of

c hapter 760, Florida St atutes (2013 )? 1/

PRELIMINARY STATEMENT

On July 19 , 201 3 , Ms. Demons filed an Employment Complaint

of Discrimination alleging that she was subjected to unfair

treatment , more strict terms and conditions , and ultimately

discharged for allegedly violating certain employee rules and

regulations . The Florida Commission on Human Relations

(Commission) issued a No Cause Determination. Ms. Demons filed a

P etition for Relief. On November 19 , 2013, the Commission

referred the matter to the Division for co nduct of the requested

hearing. The remainder of this case ' s procedural history is

contained in the following Findings of Fact.

FINDINGS OF FACT

1 . By Notice dated December 3, 2013, the hearing was

originally scheduled for January 14, 2014.

2 . On January 8, 2014, Petitioner fil ed a request that the

hearing be continued.

3 . The undersigned continued the hearing until February 4,

2014 .

4 . On January 17, 2014, Respondent filed an Unopposed

Motion for Continuance.

5 . The undersigned continued the hearing until March 11,

2014 .

6 . On March 7, 2014, Respondent filed a Motion to Exclude

PetitionerÓs Undisclosed Witnesses and (Proposed) Exhibits on the

grounds that Petitioner had not disclosed her witnesses and

exhibits to Respondent as required by the Order of Pre - Hearing

Instruction s.

7 . The hearing convened as scheduled at 9:00 a.m. , Central

Time, on March 11 , 201 4 . Counsel for Emerald and Emerald ' s

representative and witnesses appeared. Emerald had previo usly

timely provided Petitioner with its witness and exhibit list s .

8 . A s of 9:16 a.m., Ms. Demons had not appear ed or

contact ed the office of the undersigned.

9 . At 9:17 a.m., counsel for Respondent moved, ore tenus ,

for an order of dismissal. The undersigned informed counsel for

Respondent that a written recommended order would be entered

granting RespondentÓs motion.

10 . Ms. Demons presented no evidence. Emerald presented no

evidence. The hearing was adjourned at 9:20 a.m . When the

undersigned left the hearing room at 9:30 a.m., Petitioner had

still not appeared or con tacted the office of the undersigned.

CONCLUSIONS OF LAW

11 . The Division of Administrative Hearings has

jurisdiction over the subject matter of this proceeding and of

the parties pursuant to sections 120.569 and 120.57(1), Florida

Statutes.

12 . Section 760.11(7) permits a party who receives a no

cause determination to request a formal administrative hearing

before the Division. Ð If the administrative law judge finds that

a violation of the Florida Civil Rights Act of 1992 has occurred,

he or she shall i ssue an appropriate recommended order to the

Commission prohibiting the practice and recommending affirmative

relief from the effects of the practice, including back - pay. Ñ

Id.

13 . Ms. Demons claims that E merald terminated her because

of race . Section 760 .10(1)(a) prohibits discharging an employee

on account of her race .

14 . Ms. Demons must prove her claim by a preponderance of

the evidence. Dep ' t of Banking & Fin. , Div. of Sec. and Inv.

Prot. v. Osborne Stern & Co., Inc. , 670 So. 2d 932 (Fla. 1996).

15 . An employee may prove a discrimination claim by direct

evidence. Wilson v. B/E Aerospace, Inc. , 376 F.3d 1079, 1086

(11th Cir. 2004). Direct evidence of discrimination is evidence

that, if believed, proves the existence of a fact without

inference or p resumption. Carter v. City of Miami , 870 F.2d 578,

581 - 82 (11th Cir. 1989).

16 . An employee may also prove a claim of discrimination by

circumstantial evidence establishing that similarly - situated

employees, who were not in her protected class, were tre ated more

favorably than she was. Wilson v. B/E Aerospace, Inc. , supra ,

at 1087.

17 . Ms. Demons has not presented direct or circumstantial

evidence tending to prove that she was discriminat ed against on

account of her race . Consequently , she has not pr oven her claim

by the preponderance of the evidence.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Florida Commission on Human

Relations deny the Petition for Relief of Shelia Demons .

DONE AND E NTERED this 1 7 th day of March , 2014 , in

Tallahassee, Leon County, Florida.

S

W. DAVID WATKINS

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 3 2399 - 3060

(850) 488 - 9675

Fax Filing (850) 921 - 6847

www.doah.state.fl.us

Filed with the Clerk of the

Division of Administrative Hearings

this 1 7 th day of March , 2014 .

ENDNOTE

1/ All references to the Florida Statutes are to the 201 3 edition

unless other wise noted.

COPIES FURNISHED:

Violet Denise Crawford, Agency Clerk

Florida Commission on Human Relations

2009 Apalachee Parkway , Suite 100

Tallahassee, Florida 32301

Sheila S. Demons

941 Central Avenue

Fort Walton Beach, Florida 32547

Ginger L. Barr y, Esquire

Broad and Cassel

4100 Legendary Boulevard, Suite 280

Destin, Florida 32541

Cheyanne Costilla, General Counsel

Florida Commission on Human Relations

2009 Apalachee Parkway , Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEP TIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions

to this Recommended Order should be filed with the agency that

will issue the Final Order in this case.