14-004652 David C. Wade vs. District School Board Of Putnam County Status: Closed Recommended Order on Tuesday, December 16, 2014.

Summary: Petitioner failed to appear at the final hearing and carry his burden of proof. Recommend dismissal of petition for relief.

STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

DAVID C. WADE,

Petitioner,

vs. Case No. 14 - 4652

DISTRICT SCHOOL BOARD OF PUTNAM

COUNTY,

Respondent.

_______________________________/

RECOMMENDED ORDER OF DISMISSAL

Administrati ve Law Judge Edward T. Bauer held a final

hearing in this case by video teleconference between sites in

Tallahassee and Gainesville, Florida, on December 15, 2014.

APPEARANCES

For Petitioner: No appearance

For Respondent: No appe arance

STATEMENT OF THE ISSUES

Whether Respondent committed the unlawful employment

practices alleged in the Charge of Discrimination filed with the

Florida Commission on Human Relations ("FCHR") and, if so, what

relief should Petitioner be granted.

PRE LIMINARY STATEMENT

On April 10, 2014, Petitioner filed a Charge of

Discrimination ("Complaint") with FCHR alleging: that the

District School Board of Putnam County ("Respondent") refused to

hire him because of his age; and that Respondent retal iat ed

agai nst him after he objected to the discriminatory treatment.

Following its investigation of the Complaint, FCHR notified the

parties that there was "no reasonable cause to believe that an

unlawful employment practice occurred."

Petitioner elected to pursu e administrative remedies,

timely filing a Petition for Relief with FCHR on or about

October 1, 2014. Subsequently, on October 6, 2014, FCHR

referred the matter to the Division of Administrative Hearings

("DOAH") for further proceedings. The remainder of this case's

procedural history is contained in the following Findings of

Fact.

FINDINGS OF FACT

1. By Notice dated October 16, 2014, the final hearing was

scheduled for December 15, 2014, at 9:30 a.m.

2. Although the undersigned convened the final hea ring on

the date and time indicated in the Notice, neither Petitioner

nor counsel for Respondent was present.

3. As of 10:00 a.m., Petitioner had not appeared or

contacted DOAH. At that point, the undersigned announced that,

in light of Petitioner's non appearance, the hearing would be

adjourned and that a recommended orde r of dismissal would issue.

CONCLUSIONS OF LAW

4. DOAH has personal and subject matter jurisdiction in

this proceedi ng pursuant to sections 120.569 and 120.57(1),

Florida Statutes (201 4).

5. The Florida Civil Rights Act of 1992 ("the FCRA"),

chapter 760, Florida Statutes, prohibits discrimination in the

workplace. In relevant part, the FCRA provides:

(1) It is an unlawful employment practice

for an employer:

(a) To discharge or to fail or refuse to

hire any individual, or otherwise to

discriminate against any individual with

respect to compensation, terms, conditions,

or privileges of employment, because of such

individual's race, color, religion, sex,

national origin, age, handicap , or marital

status.

* * *

(7) It is an unlawful employment practice

for an employer, an employment agency, a

joint labor - management committee, or a labor

organization to discriminate against any

person because that person has opposed any

practice which is an unlawful employment

practice under this section, or because that

person has made a charge, testified,

assisted, or participated in any manner in

an investigation, proceeding, or hearing

under this section.

§ 760.10(1)(a) & (7), Fla. Stat.

6. As noted previously, the Complaint alleges that

Respondent violated the foregoing provisions by refusing to hire

Petitioner because of his age, and by engaging in retaliation

after Petitioner objected to the discriminatory treatment.

Petitioner bears the bu rden of proof as to each issue. See Kidd

v. Mando Am. Corp. , 731 F.3d 1196, 1202 (11th Cir. 2013);

Ha ir ston v. Gainesville Sun Publ'g Co. , 9 F.3d 913, 919 (11th

Cir. 1993).

7. Petitioner failed to present direct or circumstantial

evidence tending to p rove that Respondent committed the unlawful

acts of discrimination alleged in the Complaint. Consequently,

the Petition for Relief must be dismissed. See Dotson v. Dep't

of Fin. Servs. , DOAH Case No. 09 - 2386 (Fla. DOAH Jan. 26, 2011;

FCHR Apr. 13, 2011)( dismissing petition for relief where

petitioner failed to appear at final hearing).

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of

Law, it is RECOMMENDED that the Florida Commission on Human

Relations enter a final order dismissi ng the Petition for

Relief.

DONE AND ENTERED this 1 6 th day of December, 2014, in

Tallahassee, Leon County, Florida.

S

EDWARD T. BAUER

Administrative Law Judge

Division of Administrative Hearings

The DeSoto Buildin g

1230 Apalachee Parkway

Tallahassee, Florida 32399 - 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 16th day of December, 2014 .

COPIES FURNISHED :

Cheyanne Michelle Costilla, General Counsel

Florida Commission on Human Relations

4075 Esplanade Way, Room 110

Tallahassee, Florida 32399

(eServed)

James Leroy Padgett, General Counsel

Putnam County School Board

200 South 7th Street

Palatka, Florida 32177

(eServed)

Dav id C. Wade

126 Raintree Woods

Palatka, Florida 32177

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

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 b e filed with the agency that

will issue the Final Order in this case.