ELIAS MAKERE
v.
ALLSTATE INSURANCE COMPANY
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Appellant Elias Makere appeals an administrative order dismissing his employment discrimination complaint against Allstate Insurance Company. The Florida Commission on Human Relations affirmed the administrative law judge's findings that Makere's termination was not based on race, sex, or retaliation, and that some claims were time-barred.
The court affirmed the FCHR's final order, finding that Makere failed to demonstrate that the agency's action was unsupported by competent, substantial evidence or that any material procedural error impaired the fairness of the proceedings. The administrative proceedings comported with all due process requirements under Florida law.
[1] An agency's final order adopting an administrative law judge's findings of fact and conclusions of law will be affirmed if the agency's action depended on findings of fac…
[2] Administrative proceedings comport with due process when they comply with statutory requirements for administrative hearings and judicial review.
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Join FLexlaw to unlock all legal intelligence“he fails to show that the agency's action depended on any finding of fact not supported by competent, substantial evidence in the record and fails to demonstrate that the fairness of the proceedings may have been impaired by any material error in procedure”
Establishes the standard of review for challenging FCHR administrative orders and what the appellant must prove to prevail
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Join FLexlaw to unlock all legal intelligenceElias Makere was terminated from his employment with Allstate Insurance Company. Makere filed a complaint with the Florida Commission on Human Relatio…
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PER CURIAM.
Appellant, Elias Makere, appeals the final order of the Florida Commission on Human Relations (FCHR) adopting the administrative law judge’s findings of fact and conclusions of law and dismissing his petition for relief from an unlawful employment practice. See §§ 760.01–760.11, Fla. Stat. (2016). Appellant’s claim pertained to his termination from employment by Allstate Insurance Company. The ALJ found that the decision to terminate Appellant’s employment was not because of his race or sex, or as retaliation. The ALJ also determined certain claims were time-barred. FCHR adopted the recommended order and denied each of Appellant’s exceptions to the recommended order. Here, Appellant challenges the order on appeal as a violation of his due process rights. However, he fails to show that the agency’s action depended on any finding of fact not supported by competent, substantial evidence in the record and fails to demonstrate that the fairness of the proceedings may have been impaired by any material error in procedure. See § 120.68(7)(b) & (c), Fla. Stat. (2018). The administrative proceedings before both the ALJ and FCHR comported with all due process as set out by sections 120.569, 120.57, and 760.11, Florida Statutes (2018). We find no ground under section 120.68(7) to set aside FCHR’s final order, and therefore the order is AFFIRMED. See § 120.68(8), Fla. Stat. (2018). LEWIS, B.L. THOMAS, and BILBREY, JJ., concur. _____________________________