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Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-044

FCHR Order No. 10-044

Date of Release: 05/25/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

RUBEN C. FERNANDEZ

EEOC Case No. 15D200900262

Petitioner

 

v.

FCHR Case No. 2009-00204

   

EMERALD WASTE SERVICE

DOAH Case No. 09-4190

Respondent

FCHR Order No. 10-044

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Ruben C. Fernandez filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2007), alleging that Respondent Emerald Waste Service committed unlawful employment practices on the bases of Petitioner’s National Origin (Hispanic) and disability by subjecting Petitioner to different terms and conditions of employment and by harassing Petitioner.

The allegations set forth in the complaint were investigated, and, on June 26, 2009, 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 in Shalimar, Florida, on January 12, 2010, and by telephone on January 19, 2010, before Administrative Law Judge Suzanne F. Hood.

Judge Hood issued a Recommended Order of dismissal, dated March 8, 2010.

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. 10-044

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 of the parties 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 25th day of May , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Gilbert M. Singer; and

Commissioner Darcell Streeter

Filed this 25th day of May , 2010,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 200

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 10-044

Page 3

NOTICE TO COMPLAINANT / PETITIONER

As your complaint was filed under Title VII of the Civil Rights Act of 1964, which is enforced by the U.S. Equal Employment Opportunity Commission (EEOC), you have the right to request EEOC to review this Commission’s final agency action. To secure a “substantial weight review” by EEOC, you must request it in writing within 15 days of your receipt of this Order. Send your request to Miami District Office (EEOC), One Biscayne Tower, 2 South Biscayne Blvd., Suite 2700, 27th Floor, Miami, FL 33131.

Copies furnished to:

Ruben C. Fernandez

c/o Jeffery D. Toney, Esq.

502 North Main Street

Crestview, FL 32536

Emerald Waste Service

c/o Michael Wm. Mead, Esq.

c/o John S. Mead, Esq.

Post Office Drawer 1329

Fort Walton Beach, FL 32549

Suzanne F. Hood, 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 25th day of May , 2010.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations