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Home / Complaints / Final Orders / Final Orders 2012 / FCHR Order No. 12-055

FCHR Order No. 12-055

Date of Release: 10/30/2012

STATE OF FLORIDA

COMMISSION ON HUMAN RELATIONS

KEVIN D. FISCHER

 

EEOC Case No. 510201105342

Petitioner

 

FCHR Case No. 2012-00191

   

DOAH Case No. 12-1590

v.

 

FCHR Order No. 12-055

     

UNIVERSAL CITY DEVELOPMENT PARTNERS

   

Respondent

   

FINAL ORDER DISMISSING PETITION FOR

RELIEF FROM AN UNLAWFUL EMPLOYMENT PRACTICE

Preliminary Matters

Petitioner Kevin D. Fischer filed a complaint of discrimination pursuant to the Florida Civil Rights Act of 1992, Sections 760.01 - 760.11, Florida Statutes (2011), alleging that Respondent Universal City Development Partners committed unlawful employment practices on the bases of Petitioner’s age (DOB: 7-2-60) and perceived disability by harassing and intimidating Petitioner, and presumably by terminating Petitioner from employment.

The allegations set forth in the complaint were investigated, and, on April 3, 2012, the Executive Director issued a 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 Orlando, Florida, on July 2, 2012, before Administrative Law Judge John D. C. Newton, II.

Judge Newton issued a Recommended Order of dismissal, dated August 17, 2012.

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. 12-055

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 30th day of October , 2012.

FOR THE FLORIDA COMMISSION ON HUMAN RELATIONS:

Commissioner Gilbert M. Singer, Panel Chairperson;

Commissioner Michell Long; and

Commissioner Mario M. Valle

Filed this 30th day of October , 2012,

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. 12-055

Page 3

Copies furnished to:

Kevin D. Fischer

c/o Clifford J. Geismar, Esq.

Law Office of Clifford J. Geismar, P.A.

Crealde Executive Center

2431 Aloma Avenue, Suite 114

Winter Park, FL 32792

Universal City Development Partners

c/o J. Lester Kaney, Esq.

Law Office of J. Lester Kaney

Post Office Box 731148

Ormond Beach, FL 32173-1148

John D. C. Newton, II, 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 30th day of October , 2012.

By: __________/s/_______________

Clerk of the Commission

Florida Commission on Human Relations