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Home / Complaints / Final Orders / Final Orders 2011 / FCHR Order No. 11-093

FCHR Order No. 11-093

Date of Release: 12/07/2011

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

WILLIS LITTLES, JR.

EEOC Case No. NONE

Petitioner

FCHR Case No. 2010-01793

 

DOAH Case No. 11-0274

v.

 

CITY OF ORMOND BEACH

FCHR Order No. 11-093

Respondent

 

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Willis Littles, Jr., 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 City of Ormond Beach committed unlawful employment practices on the basis of Petitioner’s race (African American) by subjecting Petitioner to different terms and conditions of employment than white employees. Petitioner also alleged that he was unlawfully terminated in retaliation for having complained about discriminatory treatment.

The allegations set forth in the complaint were investigated, and, on December 13, 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 in Ormond Beach, Florida, on April 20, 2011, before Administrative Law Judge Lawrence P. Stevenson.

Judge Stevenson issued a Recommended Order of dismissal, dated October 5, 2011.

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. 11-093

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 7th day of December , 2011.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Mario M. Valle, Panel Chairperson;

Commissioner Gayle Cannon; and

Commissioner Lizzette Romano

Filed this 7th day of December , 2011,

in Tallahassee, Florida.

_________/s/______________

Violet Crawford, Clerk

Commission on Human Relations

2009 Apalachee Parkway, Suite 100

Tallahassee, FL 32301

(850) 488-7082

FCHR Order No. 11-093

Page 3

Copies furnished to:

Willis Littles, Jr.

c/o David W. Glasser, Esq.

Law Office of David W. Glasser

116 Orange Avenue

Daytona Beach, FL 32114

City of Ormond Beach

c/o Mark E. Levitt, Esq.

c/o Bona M. Kim, Esq.

Allen, Norton & Blue, P.A.

1477 West Fairbanks Avenue, Suite 100

Winter Park, FL 32789

Lawrence P. Stevenson, 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 7th day of December , 2011.

By: ________/s/___________

Clerk of the Commission

Florida Commission on Human Relations