MAKERE v. ALLSTATE INSURANCE COMPANY (2020)

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).

Per Curiam.

Lewis, B.L. Thomas, and Bilbrey, JJ., concur.