Florida Administrative Law Judge Gary Early’s recommended order in Turnage v. Bob Evans Restaurant, LLC on Oct. 31 addressed the question of whether Respondent discriminated against Petitioner in a place of public accommodation due to his race or sex through an act of sexual harassment, in violation of section 760.08, Florida Statutes:
On January 3, 2024, Petitioner filed a Charge of Discrimination with the Florida Commission on Human Relations (FCHR) alleging that Bob Evans Restaurant, LLC, discriminated against him by serving him a pancake “shaped into a penis and balls.” A photograph of the pancake was included in the Charge of Discrimination. Unless Petitioner was advised that it was intended to depict a penis, it could just as easily be a pancake-based representation of an elephant, or when viewed from a different angle, the capitol building of the state of Florida.
Petitioner invoked the jurisdiction of DOAH to contest FCHR’s decision that being served a pancake allegedly in the shape of a penis did not constitute actionable discrimination. Respondent, represented by counsel, also participated in the proceedings.
Despite being bound by professional conduct, both parties’ counsel failed to attend the hearing as scheduled, disregarding the Notice of Hearing and Order of Pre-Hearing Instructions. This resulted in a waste of time and taxpayer dollars of the presiding Administrative Law Judge and court reporter. Due to the absence of evidence presented by Petitioner, no findings of discriminatory conduct by Bob Evans Restaurant could be made.
