19-002693F Gary E. Boyd vs. Mac Papers Inc. Status: Closed Settled and/or Dismissed prior to entry of RO/FO on Friday, October 4, 2019.

FCHR Order No. 1 9-067

Page2

The Commission panel designated below considered the record of this matter and

determined the action to be taken on the Order Relinquishing Jurisdiction and Closing

File.

Findin g s ofFact

We incorporate by reference the Findings of Fact section of FCHR Order No. 19-

032 as it relates to the order of the Administrative Law Judge reviewed by that

Commission order.

We find the Administrative Law Judge's findings of fact as set out in the Order

Relinquishing Jurisdiction and Closing File to be supported by competent substantial

evidence.

We adopt the Administrative Law Judge's findings of fact as set out in the Order

Relinquishing Jurisdiction and Closing File.

Conclusions of Law

We incorporate by reference the Conclusions of Law section of FCHR Order No.

19-032 as it relates to the order of the Administrative Law Judge reviewed by that

Commission order.

We find the Administrative Law Judge's application of the law to the facts as set

out in the Order Relinquishing Jurisdiction and Closing File to result in a correct

disposition ofthe matter.

We adopt the Administrative Law Judge's conclusions oflaw as set out in the

Order Relinquishing Jurisdiction and Closing File.

Exce p tions

We incorporate by reference the Exceptions sections of FCHR Order No. 19-032 as

it contains the Commission's rulings on the exceptions filed by Respondent to the order

of the Administrative Law Judge reviewed by that Commission order.

None of the parties filed exceptions to the Administrative Law Judge's Order

Relinquishing Jurisdiction and Closing File.

Res p ondent's Motion to Sta y Proceedin g s Pendin g A pp ellate Review

Respondent filed with the Commission a motion to stay FCHR Order No. 19-032

pending the outcome of its impending appeal of that order to the Florida First District

Court of Appeal. In the Commission's view, the instant order (FCHR Order No. 19-067)

is the first appealable order issued by the Commission in this case, and the appeal now

pending before the First District Court of Appeal is premature.

Respondent's Motion to Stay FCHR Order No. 19-032 is DENIED.

FCHR Order No. 19-067

Page 3

Affirmative Relief

Through our adoption of the Administrative Law Judge's findings of fact and

conclusions of law, with the indicated incorporation by reference to FCHR Order No. 19-

032, we are in the position to issue a final order in this matter.

Respondent is hereby ORDERED:

1. to cease and desist from discriminating further in the manner it has been found to

have unlawfully discriminated against Petitioner;

2. to reinstate Petitioner his former or an equivalent position with the same potential

earnings as of the time of his suspension as if he had not been terminated, as

recommended by the Administrative Law Judge;

3. to pay Petitioner back-pay and lost wages in the amount of $228,935.95, which

includes the Administrative Law Judge's calculation of $159,280.35, plus per

diem of $306.85 from October 2, 2018 through May 16, 2019 (or $69,654.95);

4. to pay Petitioner interest in the amount of$10,023.76.

5. to pay Petitioner attorney's fees in the amount of $32,550.00, an amount found by

the Administrative Law Judge to have been agreed to by the parties; and

6. to pay Petitioner $789.00 in costs, an amount found by the Administrative Law

Judge to have been incurred in this matter by Petitioner.

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 9.11 0.

DONE AND ORDERED this JQ day of Mce....kr , 2019.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Tony Jenkins, Panel Chairperson;

Commissioner Mario Garza; and

Commissioner Rebecca Steele

Filed this JQ day of '2019,

in Tallahassee, Florida.

FCHR Order No. 19-067

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Commission on Human Relations

4075 Esplanade Way, Room 110

Tallahassee, FL 32399

[phone]

Copies furnished to:

Gary E. Boyd

c/o Angela G. Robinson, Esq.

Angela Robinson P A

361 0 Dubsdread Circle

Orlando, FL 32804

Mac Papers Inc.

c/o Leonard V. Feigel, Esq.

Foley & Lardner LLP

One Independent Drive, Suite 1300

Jacksonville, FL 32202

Mac Papers Inc.

c/o Kevin E. Hyde, Esq.

Foley & Lardner LLP

One Independent Drive, Suite 1300

Jacksonville, FL 32202

James H. Peterson, III, Administrative Law Judge, DOAH

Stanley Gorsica, Legal Advisor for Commission Panel

iss ion

Florida Commission on Human Relations