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Home / Complaints / Final Orders / Final Orders 2009 / FCHR Order No. 09-013

FCHR Order No. 09-013

Date of Release: 01/27/2009

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

DONALD DUVERGLAS

EEOC Case No. NONE

Petitioner

 

v.

FCHR Case No. 2006-02103

   

CITY OF FORT LAUDERDALE

DOAH Case No. 07-0989

Respondent

FCHR Order No. 09-013

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Donald Duverglas filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2005), alleging that Respondent City of Fort Lauderdale committed unlawful employment practices on the basis of Petitioner’s National Origin (Haitian) and on the basis of retaliation by subjecting Petitioner to a hostile work environment and by terminating Petitioner from his position.

The allegations set forth in the complaint were investigated, and, on January 19, 2007, the Executive Director issued his determination finding that there was no reasonable cause to believe that an unlawful employment practice had occurred.

Petitioner filed a Petition for Relief from an Unlawful Employment Practice, and the case was transmitted to the Division of Administrative Hearings for the conduct of a formal proceeding.

An evidentiary hearing was held by video teleconference at sites in Tallahassee and Lauderdale Lakes, Florida, on December 11, 2007, and April 21, 2008, before Administrative Law Judge Errol H. Powell.

Judge Powell issued a Recommended Order of dismissal, dated November 25, 2008.

The Commission panel designated below considered the record of this matter and determined the action to be taken on the Recommended Order.

Findings of Fact

We find the Administrative Law Judge’s findings of fact to be supported by competent substantial evidence.

We adopt the Administrative Law Judge’s findings of fact.

FCHR Order No. 09-013

Page 2

Conclusions of Law

We find the Administrative Law Judge’s application of the law to the facts to result in a correct disposition of the matter.

We adopt the Administrative Law Judge’s conclusions of law.

Exceptions

Neither party filed exceptions to the Administrative Law Judge’s Recommended Order.

Dismissal

The Petition for Relief and Complaint of Discrimination are DISMISSED with prejudice.

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 9.110.

DONE AND ORDERED this 27th day of January , 2009.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Patty Ball Thomas

Filed this 27th day of January , 2009,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 09-013

Page 3

Copies furnished to:

Donald Duverglas

c/o Jonel Lemy, Esq.

The Law Offices of Jonel Lemy, P.A.

1061 West Oakland Park Boulevard,

Suite 106

Fort Lauderdale, FL 33311

City of Fort Lauderdale

c/o Eugene K. Pettis, Esq.

Haliczer, Pettis & Schwamm, P.A.

One Financial Plaza

100 Southeast Third Avenue, Seventh Floor

Fort Lauderdale, FL 33394

Errol H. Powell, Administrative Law Judge, DOAH

James Mallue, Legal Advisor for Commission Panel

I HEREBY CERTIFY that a copy of the foregoing has been mailed to the above listed addressees this 27th day of January , 2009.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations