Skip to Main Content. Please Contact Us if there is anything we can do to improve the Accessibility of this site.
  • Search:

Right menu

Left menu


Home / Complaints / Final Orders / Final Orders 2010 / FCHR Order No. 10-064

FCHR Order No. 10-064

Date of Release: 08/10/2010

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

DELANO LALLA

EEOC Case No. NONE

Petitioner

 

v.

FCHR Case No. 2009-00865

   

COUNTY OF MIAMI-DADE, FL ETSD

DOAH Case No. 09-4857

   

Respondent

FCHR Order No. 10-064

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Delano Lalla 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 County of Miami-Dade, FL ETSD, committed unlawful employment practices on the bases of Petitioner’s National Origin (not indicated in complaint) and religion (Hinduism), and on the basis of retaliation, by denying Petitioner’s religious accommodation request and by constructively discharging Petitioner.

The allegations set forth in the complaint were investigated, and, on July 31, 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 by video teleconference at sites in Miami and Tallahassee, Florida, on January 25, 2010, before Administrative Law Judge Errol H. Powell.

Judge Powell issued a Recommended Order of dismissal, dated June 3, 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. 10-064

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 10th day of August , 2010.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Michael G. Keller

Filed this 10th day of August , 2010,

in Tallahassee, Florida.

________________________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 10-064

Page 3

Copies furnished to:

Delano Lalla

8051 Southwest 159th Court

Miami, FL 33193

County of Miami-Dade, FL ETSD

c/o Lee Kraftchick, Esq.

Miami-Dade County Attorney’s Office

111 Northwest First Street, Suite 2810

Miami, FL 33128-1993

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 10th day of August , 2010.

By: _____________________________

Clerk of the Commission

Florida Commission on Human Relations