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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-036

FCHR Order No. 11-036

Date of Release: 04/13/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

DIEGO A. HERRERA

EEOC Case No. 510200903746

Petitioner

FCHR Case No. 2010-00583

 

DOAH Case No. 10-3330

v.

 
 

FCHR Order No. 11-036

WALT DISNEY WORLD / DISNEY OSPREY RIDGE GOLF

 

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Diego A. Herrera filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2009), alleging that Respondent Walt Disney World / Disney Osprey Ridge Golf committed unlawful employment practices on the bases of Petitioner’s race (Hispanic) and National Origin (Colombian) by subjecting Petitioner to different terms and conditions of employment in the job assignments he received and by terminating Petitioner from employment. Petitioner also alleged that his termination was unlawful retaliation for having complained about discrimination.

The allegations set forth in the complaint were investigated, and, on May 21, 2010, 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 Orlando and Tallahassee, Florida, on October 25, 2010, before Administrative Law Judge Claude B. Arrington.

Judge Arrington issued a Recommended Order of dismissal, dated February 1, 2011.

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

FCHR Order No. 11-036

Page 2

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.

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 13th day of April , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Donna Elam, Panel Chairperson;

Commissioner Elena Flom; and

Commissioner Billy Whitefox Stall

Filed this 13th day of April , 2011,

in Tallahassee, Florida.

FCHR Order No. 11-036

Page 3

__________/s/___________________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

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:

Diego A. Herrera

131 Bentley Oaks Boulevard

Davenport, FL 33896

Walt Disney World / Disney Osprey Ridge Golf

c/o Katrina S. Lindsey, Esq.

Post Office Box 10000

Lake Buena Vista, FL 32830

Claude B. Arrington, 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 13th day of April , 2011.

By: ____________/s/_______________

Clerk of the Commission

Florida Commission on Human Relations